Intel® True Software 1. Sole Agreement These terms and conditions constitute the entire agreement (“Agreement”) between Intel Corporation (“Intel”) and users of Intel software (“End-Customers”) with respect to technical support and maintenance (“Software Maintenance”) of the Intel software (“Software”) as described herein. Intel Software does not include firmware included with Intel hardware products. These Terms and Conditions are the sole and exclusive terms governing all Software Maintenance provided by Intel (or its agents or subcontractors) for the Software. Intel shall not be bound by any terms or conditions not set forth in this Agreement. These Terms and Conditions may be modified only by written amendment executed by Intel. 2. Period of Performance This Agreement and performance thereof will commence and expire on the dates indicated in the Intel Registration Center (IRC) system for each purchased item. The beginning date for software maintenance shall be set on the date the End- Customer registers and downloads the software. 3. Renewal This Agreement may renew for additional Terms upon receipt of a Software Maintenance purchase order from a Direct-Customer on behalf of End-Customer. Any such renewal will be subject to the price(s) then offered to End-Customer by one or more Direct- Customers at the time of the renewal request. Acceptance of the purchase order will be contingent upon adherence to the published “Rules for sale of service”. 4. Software Maintenance To initiate Software Maintenance, End-Customer will contact Intel HPC Fabric Support Center to report problems covered by this agreement. Software Maintenance shall not include: any technical support or software fixes as a result of (a) accident, neglect, misuse; (b) causes external to the Software or as a result of any causes other than ordinary use of the Software; (c) unauthorized removal/reinstallation of the Software; (d) alterations, modifications, repairs of the Software made by persons other than Intel or a Intel authorized Software Maintenance provider; (d) training other than the specific operation of the installed Software; and (f) installation of new or upgraded features except as authorized by Intel. 5. Intel Responsibilities During the term of this Agreement, Intel shall use reasonable commercial efforts to: (a) assure the Software operates substantially in accordance with the Software specifications in effect at the time of End-Customer’s purchase of the Software or subsequent upgrades or enhancements procured by the End-Customer under conditions of normal use; (b) Provide all mandatory patches or upgrades which Intel determines are required to ensure proper Software operation; and (c) provide such other Software Maintenance as described in this Agreement. 6. End-Customer Responsibilities A. Obtain and provide to Intel sufficient information to establish entitlement, severity and priority for identified problems. B. Use reasonable commercial efforts to isolate problems and reproduce any identified errors or malfunctions. C. Provide, upon Intel’s request, diagnostic output and such additional data in machine-readable or interpreted form deemed necessary or desirable by Intel to reproduce the environment in which the errors or malfunctions occurred and to aid understanding the errors or malfunctions. D. Provide End- Customer and/or End-Customer’s vendor contact information as needed. 7. Subcontracting Intel may authorize and utilize one or more third parties to provide the Software Maintenance under this Agreement. Subcontractor(s) shall comply with the terms of this Agreement 1 of 3 March Scale Fabric Suite Maintenance Agreement 8. Pricing Price quotes are obtained from authorized Intel distributors and other parties with whom Intel has a direct sales relationship. Pricing shall remain fixed for the term of this Agreement. . Prices are in US dollars Prices specified herein exclude taxes. Direct-Customer and End-Customer will pay any tax, however designated (and any related interest or penalty), imposed. 9. Payment Upon acceptance of a purchase order from a Direct-Customer Intel shall invoice Direct- Customer for the Term of Software Maintenance. Payment is due within thirty (30) days of receipt of invoice. All payments will be made in United States dollars without setoff or deduction. 10. Warranty Intel warrants that all Software Maintenance will be performed in accordance with workmanship standards prevailing in the industry. All Software Maintenance is warranted for a period of thirty (30) days. End-Customer’s sole remedy for breach of this remedy is re- performance of the Software Maintenance by Intel. End- Customer acknowledges that any deviations or exceptions to the foregoing warranty shall be valid only if in writing executed by a Intel authorized representative and no employee, dealer, distributor or third party is authorized to modify the foregoing warranty. Any Software provided by Intel under this Agreement is not warranted to be error free although Intel will endeavor to provide Software that is reasonably free of errors in programming. Intel will conduct reasonable tests for viruses but does not warrant or guarantee that any Software will be virus free. THE FOREGOING IS THE SOLE WARRANTY BY INTEL UNDER THIS AGREEMENT AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CUSTOM, AND FITNESS FOR PURPOSE ARE HEREBY DISCLAIMED. 11. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL INTEL BE LIABLE TO END-CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA OR LOST GOODWILL HOWEVER CAUSED. INTEL’S MAXIMUM LIABILITY IN ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT WHICH DIRECT-CUSTOMER HAS PAID TO INTEL FOR SOFTWARE MAINTENANCE ON BEHALF OF END-CUSTOMER UNDER THIS AGREEMENT. 12. Intellectual Property Rights Intel owns the entire right, title and interest in and to all intellectual property rights in and relating to the design of the Software, or other technology developed in the performance of this Agreement. The software furnished by Intel is subject to strict compliance by Direct- Customer and/or End-Customer with each and all of the terms of the applicable software license agreement. In the absence of any separate software license agreement, Intel grants to you a non- exclusive, personal, non-sublicensable, limited right and license under Intel’s copyrights to load data into or display, view or extract output results from, or otherwise operate any portion of the software together with the hardware, or to distribute the software together with the hardware. . 13. Force Majeure Neither party will be liable for any failure to perform acts, other than 12/2012 2013

Intel® True
Software
1. Sole Agreement
These terms and conditions constitute the entire agreement
(“Agreement”) between Intel Corporation (“Intel”) and users of Intel
software (“End-Customers”) with respect to technical support and
maintenance (“Software Maintenance”) of the Intel software
(“Software”) as described herein. Intel Software does not include
firmware included with Intel hardware products. These Terms and
Conditions are the sole and exclusive terms governing all Software
Maintenance provided by Intel (or its agents or subcontractors) for
the Software. Intel shall not be bound by any terms or conditions
not set forth in this Agreement. These Terms and Conditions
may be modified only by written amendment executed by Intel.
2. Period of Performance
This Agreement and performance thereof will commence and
expire on the dates indicated in the Intel Registration Center
(IRC) system for each purchased item. The beginning date
for software maintenance shall be set on the date the End-
Customer registers and downloads the software.
3. Renewal
This Agreement may renew for additional Terms upon receipt of a
Software Maintenance purchase order from a Direct-Customer on
behalf of End-Customer. Any such renewal will be subject to the
price(s) then offered to End-Customer by one or more Direct-
Customers at the time of the renewal request. Acceptance of the
purchase order will be contingent upon adherence to the published
“Rules for sale of service”.
4. Software Maintenance
To initiate Software Maintenance, End-Customer will contact
Intel HPC Fabric Support Center to report problems covered
by this agreement. Software Maintenance shall not include:
any technical support or software fixes as a result of (a) accident,
neglect, misuse; (b) causes external to the Software or as a result
of any causes other than ordinary use of the Software; (c)
unauthorized removal/reinstallation of the Software; (d) alterations,
modifications, repairs of the Software made by persons other
than Intel or a Intel authorized Software Maintenance provider; (d)
training other than the specific operation of the installed Software;
and (f) installation of new or upgraded features except as
authorized by Intel.
5. Intel Responsibilities
During the term of this Agreement, Intel shall use reasonable
commercial efforts to: (a) assure the Software operates
substantially in accordance with the Software specifications in
effect at the time of End-Customer’s purchase of the Software
or subsequent upgrades or enhancements procured by the
End-Customer under conditions of normal use; (b) Provide all
mandatory patches or upgrades which Intel determines are
required to ensure proper Software operation; and (c) provide such
other Software Maintenance as described in this Agreement.
6. End-Customer Responsibilities
A. Obtain and provide to Intel sufficient information to establish
entitlement, severity and priority for identified problems.
B. Use reasonable commercial efforts to isolate problems and
reproduce any identified errors or malfunctions.
C. Provide, upon Intel’s request, diagnostic output
and such additional data in machine-readable or interpreted form
deemed necessary or desirable by Intel to reproduce the
environment in which the errors or malfunctions occurred and to
aid understanding the errors or malfunctions. D. Provide End-
Customer and/or End-Customer’s vendor contact information as
needed. 7. Subcontracting
Intel may authorize and utilize one or more third parties to provide
the Software Maintenance under this Agreement.
Subcontractor(s) shall comply with the terms of this Agreement 1 of 3
March 

Scale Fabric Suite
Maintenance Agreement
8. Pricing
Price quotes are obtained from authorized Intel distributors
and other parties with whom Intel has a direct sales relationship.
Pricing shall remain fixed for the term of this Agreement. . Prices are in
US dollars Prices specified herein exclude taxes. Direct-Customer
and End-Customer will pay any tax, however designated (and any
related interest or penalty), imposed.
9. Payment
Upon acceptance of a purchase order from a Direct-Customer Intel
shall invoice Direct- Customer for the Term of Software
Maintenance. Payment is due within thirty (30) days of receipt of
invoice. All payments will be made in United States dollars
without setoff or deduction.
10. Warranty
Intel warrants that all Software Maintenance will be performed in
accordance with workmanship standards prevailing in the industry.
All Software Maintenance is warranted for a period of thirty (30)
days. End-Customer’s sole remedy for breach of this remedy is
re- performance of the Software Maintenance by Intel. End-
Customer acknowledges that any deviations or exceptions to the foregoing
warranty shall be valid only if in writing executed by a Intel
authorized representative and no employee, dealer, distributor or
third party is authorized to modify the foregoing warranty. Any
Software provided by Intel under this Agreement is not warranted
to be error free although Intel will endeavor to provide
Software that is
reasonably free of errors in programming. Intel will conduct
reasonable tests for viruses but does not warrant or guarantee
that any Software will be virus free. THE FOREGOING IS THE
SOLE WARRANTY BY INTEL UNDER THIS AGREEMENT
AND ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
CUSTOM, AND FITNESS FOR PURPOSE ARE
HEREBY DISCLAIMED. 11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INTEL BE LIABLE TO
END-CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL
OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST
DATA OR LOST GOODWILL HOWEVER CAUSED. INTEL’S
MAXIMUM LIABILITY IN ANY CLAIM ARISING OUT OF THIS
AGREEMENT WILL NOT EXCEED THE AMOUNT WHICH
DIRECT-CUSTOMER HAS PAID TO INTEL FOR SOFTWARE
MAINTENANCE ON BEHALF OF END-CUSTOMER UNDER
THIS AGREEMENT.
12. Intellectual Property Rights
Intel owns the entire right, title and interest in and to all intellectual
property rights in and relating to the design of the Software, or
other
technology developed in the performance of this Agreement. The
software furnished by Intel is subject to strict compliance by Direct-
Customer and/or End-Customer with each and all of the terms of
the applicable software license agreement. In the absence of any
separate software license agreement, Intel grants to you a non-
exclusive, personal, non-sublicensable, limited right and license
under Intel’s copyrights to load data into or display, view or extract
output results from, or otherwise operate any portion of the
software together with the hardware, or to distribute the software
together with the hardware.
. 13. Force Majeure
Neither party will be liable for any failure to perform acts, other than
12/2012
2013

Intel® True Software 1. Sole Agreement These terms and conditions constitute the entire agreement (“Agreement”) between Intel Corporation (“Intel”) and users of Intel software (“End-Customers”) with respect to technical support and maintenance (“Software Maintenance”) of the Intel software (“Software”) as described herein. Intel Software does not include firmware included with Intel hardware products. These Terms and Conditions are the sole and exclusive terms governing all Software Maintenance provided by Intel (or its agents or subcontractors) for the Software. Intel shall not be bound by any terms or conditions not set forth in this Agreement. These Terms and Conditions may be modified only by written amendment executed by Intel. 2. Period of Performance This Agreement and performance thereof will commence and expire on the dates indicated in the Intel Registration Center (IRC) system for each purchased item. The beginning date for software maintenance shall be set on the date the End- Customer registers and downloads the software. 3. Renewal This Agreement may renew for additional Terms upon receipt of a Software Maintenance purchase order from a Direct-Customer on behalf of End-Customer. Any such renewal will be subject to the price(s) then offered to End-Customer by one or more Direct- Customers at the time of the renewal request. Acceptance of the purchase order will be contingent upon adherence to the published “Rules for sale of service”. 4. Software Maintenance To initiate Software Maintenance, End-Customer will contact Intel HPC Fabric Support Center to report problems covered by this agreement. Software Maintenance shall not include: any technical support or software fixes as a result of (a) accident, neglect, misuse; (b) causes external to the Software or as a result of any causes other than ordinary use of the Software; (c) unauthorized removal/reinstallation of the Software; (d) alterations, modifications, repairs of the Software made by persons other than Intel or a Intel authorized Software Maintenance provider; (d) training other than the specific operation of the installed Software; and (f) installation of new or upgraded features except as authorized by Intel. 5. Intel Responsibilities During the term of this Agreement, Intel shall use reasonable commercial efforts to: (a) assure the Software operates substantially in accordance with the Software specifications in effect at the time of End-Customer’s purchase of the Software or subsequent upgrades or enhancements procured by the End-Customer under conditions of normal use; (b) Provide all mandatory patches or upgrades which Intel determines are required to ensure proper Software operation; and (c) provide such other Software Maintenance as described in this Agreement. 6. End-Customer Responsibilities A. Obtain and provide to Intel sufficient information to establish entitlement, severity and priority for identified problems. B. Use reasonable commercial efforts to isolate problems and reproduce any identified errors or malfunctions. C. Provide, upon Intel’s request, diagnostic output and such additional data in machine-readable or interpreted form deemed necessary or desirable by Intel to reproduce the environment in which the errors or malfunctions occurred and to aid understanding the errors or malfunctions. D. Provide End- Customer and/or End-Customer’s vendor contact information as needed. 7. Subcontracting Intel may authorize and utilize one or more third parties to provide the Software Maintenance under this Agreement. Subcontractor(s) shall comply with the terms of this Agreement 1 of 3 March Scale Fabric Suite Maintenance Agreement 8. Pricing Price quotes are obtained from authorized Intel distributors and other parties with whom Intel has a direct sales relationship. Pricing shall remain fixed for the term of this Agreement. . Prices are in US dollars Prices specified herein exclude taxes. Direct-Customer and End-Customer will pay any tax, however designated (and any related interest or penalty), imposed. 9. Payment Upon acceptance of a purchase order from a Direct-Customer Intel shall invoice Direct- Customer for the Term of Software Maintenance. Payment is due within thirty (30) days of receipt of invoice. All payments will be made in United States dollars without setoff or deduction. 10. Warranty Intel warrants that all Software Maintenance will be performed in accordance with workmanship standards prevailing in the industry. All Software Maintenance is warranted for a period of thirty (30) days. End-Customer’s sole remedy for breach of this remedy is re- performance of the Software Maintenance by Intel. End- Customer acknowledges that any deviations or exceptions to the foregoing warranty shall be valid only if in writing executed by a Intel authorized representative and no employee, dealer, distributor or third party is authorized to modify the foregoing warranty. Any Software provided by Intel under this Agreement is not warranted to be error free although Intel will endeavor to provide Software that is reasonably free of errors in programming. Intel will conduct reasonable tests for viruses but does not warrant or guarantee that any Software will be virus free. THE FOREGOING IS THE SOLE WARRANTY BY INTEL UNDER THIS AGREEMENT AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CUSTOM, AND FITNESS FOR PURPOSE ARE HEREBY DISCLAIMED. 11. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL INTEL BE LIABLE TO END-CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA OR LOST GOODWILL HOWEVER CAUSED. INTEL’S MAXIMUM LIABILITY IN ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT WHICH DIRECT-CUSTOMER HAS PAID TO INTEL FOR SOFTWARE MAINTENANCE ON BEHALF OF END-CUSTOMER UNDER THIS AGREEMENT. 12. Intellectual Property Rights Intel owns the entire right, title and interest in and to all intellectual property rights in and relating to the design of the Software, or other technology developed in the performance of this Agreement. The software furnished by Intel is subject to strict compliance by Direct- Customer and/or End-Customer with each and all of the terms of the applicable software license agreement. In the absence of any separate software license agreement, Intel grants to you a non- exclusive, personal, non-sublicensable, limited right and license under Intel’s copyrights to load data into or display, view or extract output results from, or otherwise operate any portion of the software together with the hardware, or to distribute the software together with the hardware. . 13. Force Majeure Neither party will be liable for any failure to perform acts, other than 12/2012 2013

Intel® True Scale Fabric: Software Maintenance Agreement

Sole Agreement
These terms and conditions constitute the entire agreement (“Agreement”) between Intel Corporation (“Intel”) and users of Intel software (“End-Customers”) with respect to technical support and maintenance (“Software Maintenance”) of the Intel software (“Software”) as described herein. Intel Software does not include ...firmware included with Intel hardware products. These Terms and Conditions are the sole and exclusive terms governing all Software Maintenance provided by Intel (or its agents or subcontractors) for the Software. Intel shall not be bound by any terms or conditions not set forth in this Agreement. These Terms and Conditions may be modified only by written amendment executed by Intel.

Read the full Intel® True Scale Fabric Software Maintenance Agreement.