Intel Corporation Clear Linux OS Terms of Use The Clear Linux OS is made up of many pieces of software created by a range of individTerms of Use The Clear Linux OS is made up of many pieces of software created by a range of individuals, teams, and companies. None of the software was created by Intel Corporation (“Intel”), and each piece of software has its own license. Your use of each piece of software is governed by the terms of its accompanying license. Intel only distributes the Clear Linux OS. As such, you should confirm beforehand that when you use any part of the Clear Linux OS that its use is in agreement with the licenses involved. Redistribution of parts or the whole of the Clear Linux OS may require you to comply with additional license requirements. The list of licenses used in the Clear Linux OS are contained in the following link: https://download.clearlinux.org/current/licenses Note that this list is automatically generated. If you spot a mistake or omission, please mention this on dev@lists.clearlinux.org. To read the full license text for these licenses, please visit http://spdx.org/licenses/. A few of the licenses in this list are not declared on the http://spdx.org/licenses/ website, namely the following licenses are not standard spdx identifiers: • Copyright • Distributable • Public-Domain These licenses are used for projects that have explicitly granted redistribution of the project source code, but don't have a typical OSI approved license identifier. Finally, none of these licenses constitute an agreement or license between Intel and any other entity. And nothing in these Terms of Use limits any rights under, or grants rights that supersede, the terms of the applicable license.  Intel Limitations of Liability (a)  Except as otherwise noted, Intel will not be liable for any of the following losses or damages (whether such losses or damages were foreseen, foreseeable, known, or otherwise):  (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss of business; (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss of use of the Products; (ix) loss of reputation; (x) loss of, damage to, or corruption of data; or (xi) any indirect, incidental, special, or consequential loss or damage however caused (including loss or damage of the type specified herein). (b)  Except as otherwise noted, Intel's total cumulative liability to you, including for direct damages and any indemnification obligation for the software you have downloaded from the Microsoft Azure Marketplace (“Marketplace”) (hereinafter this software shall be referred to as “Intel Products”) (and whether the breach arises because of breach of contract, negligence, or for any other reason), will not exceed the sum paid or payable to Intel by you for Intel Products that are the subject of and directly affected by such claim. (c)  You acknowledge that the limitations of liability provided in these Terms of Use are an essential part of your use of Intel Products.  You agree that the limitations of liability with respect to Intel will be conveyed to and made binding upon any customer of yours that acquires the Intel Products, alone or in combination with other items from you. (d)  Indemnity for Certain Uses of Products.  Unless otherwise expressly agreed in writing by Intel, Intel Products conveyed to you are not designed or intended for any application in which the failure of the Intel Product could result in personal injury or death.  You will indemnify, defend and hold harmless Intel, its directors, officers, employees, suppliers and subcontractors, against all claims, costs, damages and expenses (including reasonable attorneys’ fees and costs) arising, directly or indirectly, out of any claim of product liability, personal injury or death when associated with such unintended use of any Intel Product, notwithstanding any claim that Intel, or its suppliers or subcontractors were negligent regarding the design or manufacture of the Intel Product or any part of the Intel Product. (e)  Damages Calculations for Certain Indemnity Claims.  For any and all indemnity claims, Intel will not be liable for paying those portions of amounts assessed or awarded based on:  (i) the value of services or an assembly of products, devices or components that includes an Intel Product, where that claim includes a demand for damages associated with the entire assembly (for example, damages based upon the “entire market value” rule); or (ii) the value or sales price of any products, devices, components or services other than an Intel Product that Intel has specifically agreed to provide indemnification for, when an assessment or award includes an allegation that those other items would have been sold together with, or as spare parts sold for, an Intel Product subject to an indemnification claim (for example, “convoyed sales” or “derivative sales”). (f)  Time Limit for Claims.  Except for a claim to recover amounts owed, any any claim or action arising out of or in connection with an Intel Product downloaded from the Marketplace or its subject matter or formation (including non-contractual disputes or claims) must be started within one year after the cause of action accrues.  If a given event or circumstance or series of connected events or circumstances gives rise to more than one claim, all such claims arising out of the same events or circumstances will be treated as a single claim, which will be treated as having arisen on the date on which the first of the connected claims arose. APAC only (g)  Exclusions  from Limitations of Liability.  Intel's liability for: (i) death or personal injury caused by its negligence or the negligence of its employees or agents; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter that under law cannot be excluded or limited, is not excluded by these Conditions even if any other term of these Conditions would otherwise suggest this might be the case. EMEA only (g) Exclusions from Limitations of Liability.  Unless these Terms of Service apply to an international supply contract within the meaning of section 26 Unfair Contract Terms Act 1977, nothing in these Terms of Service will be treated as excluding or limiting Intel's liability for:  (i) death or personal injury caused by its negligence or the negligence or that of its employees, servants or agents; or (ii) breach of any term as to title or quiet enjoyment to the extent that the term concerned is implied into these Terms of Service by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982.  If these Terms of Service are an international supply contract within the meaning of section 26 Unfair Contract Terms Act 1977, then this Section (g) will not apply.  Nothing in these Terms of Use will be treated as excluding or limiting Intel's liability for fraud or fraudulent misrepresentation.