TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this license at any time for any reason with thirty (30) days’ notice and immediately if You are in breach of any of its terms or conditions. Upon termination, You will immediately destroy or return to Intel all copies of the Software. Upon termination of this Agreement, all licenses granted to You hereunder terminate immediately. All Sections of this Agreement, except Section 2, will survive termination.

THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User License Agreement and has the right to enforce all of its terms. Third-Party Software. Your use of any third-party software is subject to Your compliance with the license You obtain directly from that third-party. A listing of any such third-party software may be in a text file accompanying the Materials.

Included Memory

iii. Intel reasonably believes that Cloud Services provided to You have been accessed or manipulated by a third party without Your consent or in violation of this Agreement; That is correct. My parameters are designed first to minimize psycho-acoustic effects, by providing a clean fan speed ramp across a temperature range (whereas all three default present ramp too slowly and then jump to maximum speed if it gets too hot, which is very noticeable and very annoying), and second to ensure that the processor stays in a temperature range that ensures long life for the processor. Your settings, while keeping the system quiet, essentially allow the processor to roast. People seem to think that, if they keep the temperature below Tjmax, then everything is honky dory. This is NOT true! The requirement is to keep the temperature below the processor's thermal load line. Any significant amount of time spent above the processor's thermal load line can be damaging to the processor over time. Bottom line, I implement the equivalent of the Tcontrol setting that is used in Desktop (regardless of the fact that the NUCs (mostly) utilize Embedded/Mobile processors, they *are* Desktop designs) - an offset below Tjmax that you want to maintain to ensure that the processor's thermal load line is not being exceeded. DISCLAIMER OF WARRANTY. The Software and Cloud Services are provided “AS IS” without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE AND CLOUD SERVICE MAY BE INTERRUPTED OR CONTAIN ERRORS. INTEL DOES NOT GUARANTEE THAT THE SOFTWARE OR CLOUD SERVICE CANNOT BE COMPROMISED, THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CLOUD SERVICES REMAINS WITH YOU. d) “Data Controller” means You who shall determine the purposes for which and the manner in which Customer Data is processed.

Entire Agreement. Except for any non-disclosure agreement between you and Intel, this Agreement constitutes the entire agreement, and supersedes all prior agreements, between Intel and You concerning its subject matter. d) The Software may contain the software and other intellectual property of third party suppliers, some of which may be identified in, and licensed in accordance with, an enclosed license.txt file or other text or file.APPLICABLE LAWS. This Agreement and any dispute arising out of or relating to it will be governed by the laws of the U.S.A. and Delaware, without regard to conflict of laws principles. The Parties to this Agreement exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement. The Parties consent to personal jurisdiction and venue in those courts. A Party that obtains a judgment against the other Party in the courts identified in this section may enforce that judgment in any court that has jurisdiction over the Parties.

Term. This Agreement begins upon Your acceptance of its terms and continues until terminated under Sections 3 or 10.2. When beginning a BIOS update process, it can take up to 30 seconds for messages to appear on the screen. Once the update process has started, do not power down your system before the update is complete. The update process will take up to 3 minutes. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out of or relating to it will be governed by the laws of the U.S.A. and Delaware, without regard to conflict of laws principles. The Parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A. will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement. The Parties consent to personal jurisdiction and venue in those courts. A Party that obtains a judgment against the other Party in the courts identified in this section may enforce that judgment in any court that has jurisdiction over the Parties. e) Intel has no obligation to provide any support, technical assistance or updates for the Software.LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate Licensee to provide Intel with comments or suggestions regarding the Software. However, if Licensee provides Intel with comments or suggestions for the modification, correction, improvement or enhancement of (a) the Software or (b) Intel products or processes that work with the Software, Licensee grants to Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, under Licensee’s intellectual property rights, to incorporate or otherwise utilize those comments and suggestions. Restrictions. Except as authorized above, You will not: (a) use or modify the Materials in any other way; (b) reverse engineer, decompile, or disassemble the Materials provided in object form (except and only as specifically required under Section 2.5), or (c) use the Materials to violate or aid in the violation of any international human right. You will be liable for your subcontractor’s acts or omissions including breach of confidentiality. System and Maximum TDP is based on worst case scenarios. Actual TDP may be lower if not all I/Os for chipsets are used.

NO WARRANTY. The Materials are 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 Materials may include pre-release software or algorithms and may not be fully functional. Intel is not required to maintain, update, or support the Materials.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.