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4 Legal Notices
License
EFI grants you a limited, non-exclusive license to use the Software solely in accordance with the terms and conditions of this License Agreement,
solely as specified in the EFI product documentation, and solely with the product(s) specified in the EFI product documentation (“Product(s)”).
Some third-party materials distributed with the Software may be subject to other terms and conditions, which are typically found in a separate
license agreement or “Read Me” file located near such third party materials.
The term “Software” as used in this License Agreement shall mean the EFI software (including software provided by third party suppliers) and all
documentation, downloads, on-line materials, bug fixes, patches, releases, release notes, updates, upgrades, technical support materials, and
information regarding the EFI software. The terms and conditions of this License Agreement shall apply to and govern your use of all such items;
however EFI may provide other written terms with an update, release or upgrade.
The Software is licensed, not sold. You may use the Software solely for the purposes described in the EFI product documentation. You may not rent,
lease, sublicense, lend, or otherwise distribute the Software or use the Software in any time sharing, service bureau, or similar arrangement. Certain
Software may only be installed at a single, physical location and any relocation of such Software will require EFI’s written consent.
You may not make or have made, or permit to be made, any copies of the Software or portions thereof, except one (1) backup or archive copy for the
purposes permitted in this License Agreement; provided, however, that under no circumstances may you make or have made, or permit to be made,
any copies of any portion of the Software that is included on any portion of the controller board or hardware of a product. Any copies of the
Software that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on
or in the Software.
EFI may occasionally verify the number of copies and configurations, and/or the physical location of Software in use by you. Any such verification
shall be conducted during normal business hours and in such a manner as not to unreasonably interfere with your normal business activities. In the
event such verification discloses an underpayment of fees, you shall promptly pay such underpaid fees to EFI in accordance with EFI’s then-current
price list. You agree not to localize, translate, disassemble, decompile, decrypt, reverse engineer, unbundle, repackage, discover the source code of,
modify, create derivative works of, or in any way change any part of the Software.
As between you and EFI, you assume all risk and are solely responsible for any and all liability resulting from your use of the Software in a way that
violates (or that produces content that violates) any law or the rights of others including, without limitation, laws concerning copyright infringement
or privacy.
Intellectual Property Rights
You acknowledge and agree that all rights, title, and interest, including all intellectual property rights, in and relating to the Software, all EFI
Products, and all copies, modifications, and derivative works thereof, are solely owned by and shall remain with EFI and its suppliers. Except for the
express limited license granted in this License Agreement, no right or license of any kind is granted. You receive no rights or license under any
patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or other intellectual property. You agree not to adopt, register, or
attempt to register any EFI trademark or trade name or any confusingly similar mark, URL, internet domain name, or symbol as your own name or
the name of your affiliates or products, and agree not to take any other action which impairs or reduces the trademark rights of EFI or its suppliers.
Excluded License
Notwithstanding anything to the contrary, you are not licensed to (and you agree that you will not) integrate or use the Software in any manner that
would cause the Software in whole or in part to become subject to any of the terms of an Excluded License. “Excluded License” means any license
that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software
combined and/or distributed with such software be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative
works; or (iii) redistributable at no charge.
Updates
If the Software is an upgrade or update to a previous version of the Software, you must possess a valid license to such previous version in order to use
such upgrade or update. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you
voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to use previous versions of the
Software after you use the upgrade or update only to assist you in the transition to the upgrade or update, provided that the upgrade or update and
the previous versions are installed on the same device. Upgrades and updates may be licensed to you by EFI with additional or different terms.
Confidentiality
The Software, including its structure, organization, and code, constitutes valuable trade secrets and confidential, proprietary information of EFI and
its suppliers and you may not distribute or disclose the Software. You may, however, permanently transfer all of your rights under this License
Agreement to another person or legal entity provided that: (1) such a transfer is authorized under all applicable export laws and regulations,
including the laws and regulations of the United States, including the United States Export Administration Regulations; (2) you transfer to the
person or entity all of the Software (including all copies, updates, upgrades, media, printed documentation, and this License Agreement); (3) you
retain no copies of the Software, including no backup, archival, or other copies, however stored; and (4) the recipient agrees to all of the terms and
conditions of this License Agreement.