Intel Security End User License Agreement

13. U.S. GOVERNMENT RESTRICTED RIGHTS. The technical data and computer software covered by this license constitute a „commercial object” as this term is used by FAR 2.101 (48 C.F.R). 2.101) and is „commercial computer software” and „commercial documentation of computer software” in accordance with FAR 12.212 (48 C.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), if applicable. This commercial computer software and associated documentation are made available to end-users for use by and on behalf of the U.S. government, only rights granted to all end-users under the terms of this Agreement are applicable. Software (and all performance data, baseline results, security evaluations and other technical information related to the software), documentation, the terms of this LAE and any other information provided by Samsung in relation to the software are considered to be Samsung`s confidential information („Confidential Information”). Notwithstanding the above, confidential information must not contain information that the customer can justify in writing: a) the customer is already known without limitation of disclosure prior to Samsung disclosure; (b) be made available to the public without fault of the client; (c) is rightly obtained by a third party without advertising limitations; or (d) is developed or created independently of the customer without the use of confidential information. Unless expressly authorized to the contrary, the client agrees to: (i) to use the confidential information only for the implementation of this information or to exercise the rights conferred on it; (ii) treat all confidential information in the same way as it treats their own similar proprietary information, but under no circumstances will the degree of care be less than due diligence; and (iii) to disclose confidential information only to staff and client agents who are required to know this information for the purposes of this ECJ, provided that the member or agent is subject to non-use and confidentiality obligations with respect to confidential information at least as restrictive as the terms of this ECJ , and that the client remains responsible for any failure on the part of the agent or agent.

Nothing in this CLA prevents the client from disclosing information to the extent that the client is legally obliged to do so by a public investigating authority or judicial authority on the basis of procedures for which that authority is competent; provided, however, that the client asserts the confidentiality of the information to the Agency before making such disclosure, (ii) immediately inform Samsung in writing of the Agency`s order or request for disclosure and (iii) cooperate fully with Samsung to protect against such disclosure and obtain a protective order that limits the scope of the forced disclosure and protects its confidentiality.

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