Adding upstream version 20240709.upstream/20240709upstream

Signed-off-by: Daniel Baumann <daniel.baumann@progress-linux.org>

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+This LIMITED DISTRIBUTION LICENSE AGREEMENT (“Agreement”) is a contract between you and Intel Corporation and its affiliates 
+(“Intel”) and governs any use of Material. If you use Material on behalf of or in conjunction with your work for your employer, you 
+represent and warrant that you have the authority to bind your employer to this Agreement. By downloading, installing, or using 
+Material, you accept these terms. If you do not accept these terms, do not use any Material and destroy all copies. 
+1 DEFINITIONS.
+ 1.1 “Including”, and its variants, means including but not limited 
+to, whether or not capitalized.
+ 1.2 “Intel Component” means a hardware component or product
+designed, developed, sold, or distributed by Intel.
+ 1.3 “Material” means software, hardware description language 
+code, or other computer files, information or collateral Intel 
+delivers to you under this Agreement.
+ 1.4 “You” or “Your” means you or you and your employer and its 
+affiliates, whether or not capitalized.
+ 1.5 “Your Product” means product developed or to be developed
+by or for you that includes an Intel Component implementing or 
+executing Material.
+2 LICENSES.
+ 2.1 License. Subject to the terms of this Agreement, Intel grants 
+to You, for the Term, a personal, limited, non-transferable, non-exclusive, worldwide, revocable, fully paid-up license under Intel’s 
+intellectual property rights in the Material, without the right to 
+sublicense, to:
+ a) develop Your Product;
+ b) modify Material delivered as source code (or its equivalent); 
+and
+ c) distribute Material, as delivered by Intel or as modified by You, 
+as object code (or its equivalent), in Your Product, provided Your 
+distribution is subject to terms and conditions consistent with 
+Your rights and obligations under this Agreement.
+ 2.2 Subcontractor. You may disclose Material to your
+subcontractor for its work on Your Product under an agreement 
+preventing the subcontractor from disclosing Material to others. 
+You will be liable for the acts or omissions of your subcontractor, 
+including unauthorized disclosure of confidential information.
+ 2.3 Restrictions. Except as authorized above, you will not: (a) use 
+or modify Material in any other way; (b) reverse engineer, 
+decompile, or disassemble Material provided as object code 
+(except as required by applicable law or under an applicable open 
+source license), or (c) use Material to violate or aid in the violation 
+of any international human right.
+ 2.4 No Implied License. Except for the express license in Section 
+2.1 Intel does not grant you (i) any express or implied license 
+under any legal theory, or (ii) or any license to make, have made, 
+use, sell, offer for sale, import, or otherwise dispose of any Intel 
+technology or third-party products, or perform any patented 
+process, even if referenced in the Material. Any other licenses 
+from Intel require additional consideration. Nothing in this 
+Agreement requires Intel to grant any additional license.
+ 2.5 Feedback. If you give Intel comments or suggestions related 
+to Intel Components or Intel confidential information provided in 
+connection with this Agreement, including Material, Intel can use 
+them in any way and disclose them to anyone, without payment 
+or other obligations to you.
+ 2.6 Open Source Licenses. The Material may include software 
+subject to an open source license, including Open Source Initiative
+approved licenses (http://www.opensource.org). Nothing in this 
+Agreement limits or grants any rights under, or that supersede, 
+the terms of any applicable open source license.
+ 2.7 Third-Party Software. Your use of certain third-party 
+software with or within the Material is subject to your compliance 
+with licensing you obtain directly from that third-party. A listing of 
+any such third-party software may accompany the Material.
+3 CONFIDENTIALITY. The terms of this Agreement and the 
+Material are Intel confidential information and subject to your 
+valid corporate non-disclosure agreement with Intel (CNDA). 
+Except as authorized in Section 2.1, you must not disclose this 
+information to anyone, including the U.S. government. This 
+Agreement will not become effective, or will automatically 
+terminate, in the absence of a CNDA. This Agreement will take 
+precedence in the event of a conflict with the CNDA.
+4 OWNERSHIP. Ownership of the Material and related intellectual 
+property rights is unchanged. You must maintain all copyright or 
+other proprietary notices in the Material.
+5 NO WARRANTY. The Material is provided “as is,” without any 
+express or implied warranty of any kind including warranties of 
+merchantability, non-infringement, title, or fitness for a 
+particular purpose. The Material may be pre-release and may 
+not be fully functional. Intel is not required to maintain, update,
+or support any Material.
+6 LIMITATION ON LIABILITY. Your use of Material is at your own 
+risk. Intel will not be liable to you under any legal theory for any 
+losses or damages in connection with the Material or your use of 
+Material, including consequential damages, even if the 
+possibility of damages was foreseeable or known. If any liability 
+is found, Intel’s total, cumulative liability to you for all claims 
+arising from or related to this Agreement will not exceed $100.00 
+U.S. These liability limitations are a fundamental basis of our 
+bargain and Intel would not have entered into this Agreement 
+without them.
+ 7 INDEMNITY. You will indemnify, defend, and hold Intel harmless 
+from any allegation against Intel arising in connection with your 
+use of Material and you will pay all of Intel’s losses, liabilities, and 
+costs (including reasonable attorneys’ fees) arising from the 
+allegation.
+ 8 PRIVACY; DATA COLLECTION.
+ 8.1 Privacy. Intel’s Privacy Notice governs how Intel may process 
+personal information related to your use of Material (see 
+https://www.intel.com/privacy). Intel may collect identifying 
+information during registration and information on your use of 
+Material (see “Information You Provide to Intel Voluntarily” and 
+“Device and Product Operation” sections).
+ 8.2 Data Collection. Some Material may generate, collect, and 
+transmit to Intel information to help improve Intel’s products and 
+services, to verify your license rights to Material, or for other 
+stated purposes. Information collected may include Intel 
+Component or Material name and version, time of event 
+collection, license or support type, installation status, 
+performance, and use. Intel’s use of information may include 
+combination of the information collected from you with other 
+information.
+9 GENERAL.
+ 9.1 Assignment. You may not assign your rights or obligations 
+under this Agreement without Intel’s prior written consent. No 
+third party will have any rights under this Agreement.
+ 9.2 Dispute Resolution. If we have a dispute regarding this 
+Agreement (other than for misappropriation of trade secrets or 
+breaches of confidentiality obligations), neither party can file a 
+lawsuit or other regulatory proceeding before the complaining 
+party provides the other party a detailed notice of the dispute and 
+our senior managers attempt to resolve the dispute. If our senior 
+managers cannot resolve the dispute in 30 days, either party may 
+demand mediation in which we will then try to resolve the dispute 
+with an impartial mediator. If our dispute is not resolved within 60 
+days after the mediation demand, either party may begin 
+litigation.
+ 9.3 Governing Law; Jurisdiction. This Agreement is governed by 
+USA and Delaware law without regard to conflict of laws 
+principles. The United Nations Convention on Contracts for the 
+International Sale of Goods does not apply. Except for claims for 
+misappropriation of trade secrets or breach of confidentiality 
+obligations, all disputes and actions arising out of or related to this 
+Agreement are subject to the exclusive jurisdiction of the state 
+and federal courts in Wilmington, Delaware and you consent to 
+personal jurisdiction in those courts.
+ 9.4 Compliance with Laws. The Material is subject to, and You 
+must comply with, applicable government laws and regulations, 
+including without limitation U.S. and worldwide trade regulations 
+prohibiting the export, import, or transfer Material to any 
+prohibited or sanctioned country, person, or entity. You must not 
+use Material for the development, design, manufacture, or 
+production of nuclear, missile, chemical, or biological weapons.
+ 9.5 Severability. If a court holds a provision of this Agreement 
+unenforceable, the court will modify that provision to the 
+minimum extent necessary to make it enforceable or, if necessary, 
+to sever that provision. The rest of the Agreement remains 
+enforceable.
+ 9.6 Waiver. No waiver of any provision of this Agreement will be 
+valid unless in a writing specifying the waived provision signed by 
+an authorized representative of the waiving party. A signed waiver 
+will not constitute waiver of any other provision. Failure or delay 
+in enforcing any provision will not operate as a waiver.
+ 9.7 Entire Agreement. Except for any non-disclosure agreement 
+between you and Intel, this Agreement constitutes the entire 
+agreement, and supersedes all prior and contemporaneous
+agreements, between Intel and you concerning its subject matter.
+10 TERM; TERMINATION; SURVIVAL.
+ 10.1 Term. This Agreement begins upon your acceptance of its 
+terms and continues until terminated under Sections 3 or 10.2.
+ 10.2 Termination. Either party may terminate this Agreement, 
+with 30 days written notice, at any time for any reason. This 
+Agreement will automatically terminate upon (a) your breach of 
+the Agreement, (b) a claim that you do not have authority to bind 
+your employer to these terms, or (c) your assertion that any Intel 
+Component, Material, or product based on any Intel Component
+or Material infringes your patents.
+ 10.3 Effect of Termination. Upon termination of the Agreement,
+the licenses to you will immediately terminate and you must cease 
+using any Material and destroy all copies in your possession and 
+direct your subcontractors to do the same. Termination of this 
+Agreement will not terminate the CNDA.
+ 10.4 Survival. All sections except Section 2.1 survive termination 
+of this Agreement.
+Limited Distribution License Agreement [v2022.12.20]