1.1The Intel Software Distribution Hub (SDH), powered by Green Man Gaming gives Intel® Technology Provider Partners, retailers and OEMs (“you”) the opportunity to purchase software codes which correspond to commercial software titles developed by third party ISVs, software or game publishers (the “Services”). You can bundle the software codes with certain Intel CPU-based products (as designated by Intel from time to time) sold to end-users in certain geographies, and end-users can then exchange the codes for software keys that can be redeemed through Green Man Gaming (“GMG”) for downloadable commercial software titles. The codes can only be distributed by you as part of an approved bundle with an Intel CPU-based product, and cannot be resold separately or otherwise redistributed in any other manner.
1.2Your use of the Services is subject at all times to these Terms of Service (the “Terms”). In order to use the Services, you must first agree to these Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms either by clicking to accept or agree to the Terms, where this option is made available to you in the SDH user interface for any Service, or by actually using the Services. In this case, you understand and agree that Intel will treat your use of the Services as acceptance of the Terms from that point onwards.
1.3Intel is constantly innovating in order to provide the best possible experience for its partners and customers, and you acknowledge and agree that the form and nature of the Services provided on the SDH may change from time to time without prior notice to you. In addition, Intel may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Intel’s sole discretion, without prior notice to you. You may stop using the Services at any time.
1.4Intel may make changes to the Terms from time to time without notice, and any updated Terms will be posted to the SDH. If you use the Services after the date on which the Terms have changed, Intel will treat your use as acceptance of the updated Terms.
2.1Intel® Technology Provider Partners who are in good standing under the current terms and conditions of the Intel Technology Provider program may use the Services. In addition, retailers and OEMs who are also in good standing under these Terms may use the Services. Only software providers (including independent software vendors and software publishers) who are registered with GMG and in good standing under any existing terms of agreement with GMG may make software codes available for purchase on the SDH.
2.2In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide will always be accurate, correct and up to date.
3.Using the Services
3.1You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.2You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the SDH, unless you have been specifically allowed to do so in a separate agreement with Intel.
3.3You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.4Unless you have been specifically permitted to do so in a separate agreement with Intel, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.5You agree that you are solely responsible for (and that Intel has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Intel may suffer) of any such breach.
3.6You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Intel for all activities that occur on the SDH under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Green Man Gaming immediately at [email protected].
3.7All software that you access or download using codes you purchased via the Services on the SDH is owned by third party software providers, and the use of that software by you or by any end users may be subject to separate legal terms that will be between you and/or the end user and the software provider, and those terms will not affect these Terms or your responsibility to comply with these Terms.
3.8You agree that you will not use the Services, or any software, codes or keys made available to you as part of the Services, for any purpose other than as stated in these Terms. You may not resell the software, codes or keys separately, or bundle, package or preinstall the software, codes or keys on or with any non-Intel CPU-based products. You agree not to purchase, acquire or download software on behalf of any 3rd party.
4.1You acknowledge and agree that Intel and its licensors (including software providers that may contribute content to the SDH) own all legal right, title and interest in and to the SDH and the Services, including any intellectual property rights which subsist in the SDH and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Intel, nothing in the Terms gives you a right to use any of Intel’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
4.2You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
4.3Your access to and use of the SDH and the Services does not grant you any license to use any of the content on the SDH, and you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless otherwise agreed to in writing between you and the party that owns the content, and then only if such use does not violate these Terms.
4.4You agree that you are solely responsible for (and that Intel has no responsibility to you or to any third party for) any content that you transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Intel may suffer) by doing so.
5.Privacy and your personal information
Information submitted to the SDH is governed according to Intel's Privacy Notice which can be found at: http://www.intel.com/content/www/us/en/privacy/intel-privacy-notice.html,
The SDH, the Services, the Content, and any other information related to the SDH and the Services (including pricing, availability, selection, etc.) is considered confidential information. If that confidential information is owned by Intel, then your use of that information is governed by the Corporate Non-Disclosure Agreement (or other applicable non-disclosure agreement) in place between you and Intel. You agree that you will not share any confidential information relating to the SDH or the Services with any third party without Intel’s prior written permission.
7.US Government Restricted Rights: The Services 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 Materials by the Government constitutes acknowledgment of Intel's proprietary rights in them.
8.1Intel may revoke your access to the SDH and the Services immediately and without notice if you breach any of these Terms, or any of the terms of the Intel Technology Provider program.
8.2Intel may terminate the Services if it is required to do so by law or if Intel decides to no longer provide the Services to users in the country in which you are resident or from which you use the service, or if the provision of the Services by Intel is, in Intel’s opinion, no longer commercially viable.
8.3Notwithstanding any termination of the Services or any revocation of your access to the SDH or the Services, the legal rights, obligations and liabilities that you and Intel have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, including, but not limited to, obligations of confidentiality.
9.EXCLUSION OF WARRANTIES
YOUR USE OF THE SDH AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” ANY COES, KEYS, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED AS A RESULT OF YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. INTEL IS NOT RESPONSIBLE FOR THE PERFORMANCE OR FUNCTIONALITY OF ANY SUCH CODES, KEYS, OR SOFTWARE, OR FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. INTEL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.LIMITATION OF LIABILITY
INTEL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY CHANGES WHICH INTEL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES), OR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
11.1You agree that if Intel does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of Intel’s rights and that those rights or remedies will still be available to Intel.
11.2If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.3The Terms, and your relationship with Intel under the Terms, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware, or to the federal courts located therein.
11.4Your access to the SDH and use of the Services is governed by all applicable federal, state and local laws. All information available on the SDH is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
11.5If any provision of these Terms is found by a court of competent jurisdiction 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.