PRODUCTION LICENSE AGREEMENT: FACEBOOK FBG1701 FLASH DESCRIPTOR AND ME BINARY

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.

Do not use or load software from this site or any associated materials (collectively, the 
"Software") until you have carefully read the following terms and conditions. By loading or using 
the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not 
install or use the Software.

Please Also Note:
* If you are an Original Equipment Manufacturer (OEM), Independent Hardware Vendor (IHV) or 
Independent Software Vendor (ISV), this complete LICENSE AGREEMENT applies;
* If you are an End-User, then only Exhibit A, the INTEL SOFTWARE LICENSE AGREEMENT, applies.

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution )

LICENSE. Subject to the terms of this Agreement, Intel grants to You a nonexclusive, 
nontransferable, worldwide, fully paid-up license under Intel's copyrights to:  

* use and copy Software internally for Your own development and maintenance purposes; and   
* copy and distribute Software, including derivative works of the Software, to Your end -users, but 
  only under a license agreement with terms at least as restrictive as those contained in Intel's
  Final, Single User License Agreement, attached as Exhibit A; and   

If You are not the final manufacturer or vendor of a computer system or software program 
incorporating the Software, then You may transfer a copy of the Software, including derivative works
of the Software (and related end -user documentation) to Your recipient for use in accordance with 
the terms of this Agreement, provided such recipient agrees to be  fully bound by the terms hereof. 
You shall not otherwise assign, sublicense, lease, or in any other way transfer or disclose Software
to any third party. You shall not reverse - compile, disassemble or otherwise reverse-engineer the 
Software.  

You may not subject the Software, in whole or in part, to any license obligations of Open Source 
Software including without limitation combining or distributing the Software with Open Source 
Software in a manner that subjects the Software or any portion of the Software provided by Intel
hereunder to any license obligations of such Open Source Software. "Open Source Software" means any
software that requires as a condition of use, modification and/or distribution of such software that
such software or other software incorporated into, derived from or distributed with such software 
a) be disclosed or distributed in source code form; or (b) be licensed by the user to third parties
for the purpose of making and/or distributing derivative works; or (c) be redistributable at no 
charge. Open Source Software includes, without limitation, software licensed or distributed under  
any of the following licenses or distribution models, or licenses or distribution models 
substantially similar to any of the following: (a) GNU’s General Public License (GPL) or 
Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, 
d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry 
Source License (SISL), (g) the Apache Software license and (h) the Common Public License (CPL).   

NO OTHER RIGHTS. The Software is protected by the intellectual property laws of the United States
and other countries, and international treaty provisions. Except as otherwise expressly above, Intel
grants no express or implied rights under Intel patents, copyrights, trademarks, or other 
intellectual property rights. Except as expressly stated in this Agreement, no license or right is  
granted to You directly or by implication, inducement, estoppel or otherwise. Intel shall have the 
right to inspect or have an independent auditor inspect Your relevant records to verify Your 
compliance with the terms and conditions of this Agreement.   

CONFIDENTIALITY. If You wish to have a third party consultant or subcontractor ("Contractor") 
perform work on Your behalf which involves access to or use of Software, You shall obtain a written
confidentiality agreement from the Contractor which contains terms and obligations with respect to
access to or use of Software no less restrictive than those set forth in this Agreement and 
excluding any distribution rights, and use for any other purpose. Otherwise, You shall not disclose
the terms or existence of this Agreement or use Intel's Name in any publications, advertisements, 
or other announcements without Intel's prior written consent. You do not have any rights to use any
Intel trademarks or logos.   

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or its
suppliers. The Software is copyrighted and protected by the laws of the United States and other 
countries, and international treaty provisions. You may not remove any copyright notices from the 
Software. Intel may make changes to the Software, or to items referenced therein, at any time 
without notice, but is not obligated to support or update the Software. Except as otherwise
expressly provided, Intel grants no express or implied right under Intel patents, copyrights, 
trademarks, or other intellectual property rights. You may transfer the Software only if the 
recipient agrees to be fully bound by these terms and if you retain no copies of the Software.  

SUPPORT. Intel may make changes to the Software, or to items referenced therein, at any time without
notice, but is not obligated to support, update or provide training for the Software. Intel may in
its sole discretion offer such services under separate terms at Intel’s then-current rates. You may
request additional information on Intel’s service offerings from an Intel sales representative. 
You agree to be solely responsible to Your End Users for any update or support obligation or other
liability which may arise from the distribution of the Software.  

EXCLUSION OF OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED 
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A 
PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness
of any information, text, graphics, links or other items contained within the Software.  

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES  
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST  
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS  
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR  
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO  
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT  
VARY FROM JURISDICTION TO JURISDICTION. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR  
INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION  
SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE  
FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY OR DEATH. YOU SHALL INDEMNIFY AND  
HOLD INTEL AND THE INTEL PARTIES HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND EXPENSES,  
AND REASONABLE ATTORNEY FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE DISTRIBUTION OF  
THE SOFTWARE AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH  
ANY UNINTENDED USE, EVEN IF SUCH CLAIM ALLEGES THAT AN INTEL PARTY WAS NEGLIGENT  
REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE. THE LIMITED REMEDIES, WARRANTY  
DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN  
BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH  
LIMITATIONS.   

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement immediately, upon notice from 
Intel, if You violate its terms. Upon termination, You will immediately destroy the Software
(including providing certification of such destruction back to Intel) or return all copies of the
Software to Intel. In the event of termination of this Agreement, all licenses granted to You 
hereunder shall immediately terminate, except for licenses that you have previously distributed to
Your end -users pursuant to the license grant above.  

APPLICABLE LAWS. Any claims arising under or relating to this Agreement shall be governed by the
internal substantive laws of the State of Delaware or federal courts located in Delaware, without
regard to principles of conflict of laws. Each Party hereby agrees to jurisdiction and venue in the
courts of the State of California for all disputes and litigation arising under or relating to this 
Agreement. The Parties agree that the United Nations Convention on Contracts for the  International
Sale of Goods is specifically excluded from application to this Agreement. The Parties consent to
the personal jurisdiction of the above courts.   

Export Regulations / Export Control. You shall not export, either directly or indirectly, any
product, service or technical data or system incorporating such items without first obtaining any
required license or other approval from the U.S. Department of Commerce or any other agency or
department of the United States Government. In the event any product is exported from the United 
States or re-exported from a foreign destination by You, You shall ensure that the distribution and
export/re -export or import of the product is in compliance with all laws, regulations, orders, or 
other restrictions of the U.S. Export Administration Regulations and the appropriate foreign
government. You agree that neither you nor any of your subsidiaries will export/re - export any 
technical data, process, product, or service, directly or indirectly, to any country for which the 
United States government or any agency thereof or the foreign government from where it is shipping
requires an export license, or other governmental approval, without first obtaining such license or 
approval.   

GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item" as that term is defined in 48
C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 
48 C.F.R 227 .7202-1 through 227.7202-4, You will provide the Software to the U.S. Government as an 
End User only pursuant to the terms and conditions therein. Contractor or Manufacturer is Intel  
Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.   

Assignment. You may not delegate, assign or transfer this Agreement, the license(s) granted or any
of Your rights or duties hereunder, expressly, by implication, by operation of law, by way of merger
(regardless of whether You are the surviving entity) or acquisition, or otherwise and any attempt to
do so, without Intel’s express prior written consent, shall be null and void. Intel may assign this 
Agreement, and its rights and obligations hereunder, in its sole discretion.    

Entire Agreement. The terms and conditions of this Agreement constitutes the entire agreement 
between the parties with respect to the subject matter hereof, and merges and supersedes all prior, 
contemporaneous agreements, understandings, negotiations and discussions. Neither of the parties 
hereto  shall be bound by any conditions, definitions, warranties, understandings or representations
with respect to the subject matter hereof other than as expressly provided for herein. Intel is not
obligated under any other agreements unless they are in writing and signed by an authorized 
representative of Intel. Without limiting the foregoing, terms and conditions on any purchase orders
or similar materials submitted by You to Intel, and any terms contained in Intel’s standard 
acknowledgment form that are in conflict with these terms, shall be of no force or effect.   

Attorneys’ Fees. In the event any proceeding or lawsuit is brought by Intel or You in connection 
with this Agreement, the prevailing party in such proceeding shall be entitled to receive its costs,
expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.   

No Agency. Nothing contained herein shall be construed as creating any agency, employment 
relationship, partnership, principal-agent or other form of joint enterprise between the parties.   

Severability. In the event that any provision of this Agreement shall be unenforceable or invalid 
under any applicable law or be so held by applicable court decision, such unenforceability or 
invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, 
such provision shall be changed and interpreted so as to best accomplish the objectives of such  
unenforceable or invalid provision within the limits of applicable law or applicable court 
decisions.   

Waiver. The failure of either party to require performance by the other party of any provision 
hereof shall not affect the full right to require such performance at any time thereafter; nor shall
the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of 
the provision itself.   

Language. This Agreement is in the English language only, which language shall be controlling in 
all respects, and all versions of this Agreement in any other language shall be for accommodation 
only and shall not be binding on you or Intel. All communications and notices made or given pursuant
to this Agreement, and all documentation and support to be provided, unless otherwise noted, shall 
be in the English language.   


EXHIBIT “A”  

    INTEL SOFTWARE LICENSE AGREEMENT (Final, Single User)  

    IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.  

        Do not use or load software from this site or any associated materials (collectively, the 
		"Software") until you have carefully read the following terms and conditions. By loading or 
		using the Software, you agree to the terms of this Agreement. If you do not wish to so 
		agree, do not install or use the Software.  

LICENSE. You may copy the Software onto a single computer for your personal, or internal business 
purpose use, and you may make one back-up copy of the Software, subject to these conditions:   

*   You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as 
	provided in this Agreement, and you agree to prevent unauthorized copying of the Software.   

*   You may not reverse engineer, decompile, or disassemble the Software.   
*   You may not sublicense or permit simultaneous use of the Software by more than one user.   
*   The Software may contain the software or other property of third party  suppliers, some of which 
	may be identified in, and licensed in accordance with, any enclosed “license.txt” file or other 
	text or file.   

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or its 
suppliers. The Software is copyrighted and protected by the laws of the United States and other
countries, and international treaty provisions. You may not remove any copyright notices from the
Software. Intel may make changes to the Software, or to items referenced therein, at any time
without notice, but is not obligated to support or update the Software. Except as otherwise
expressly provided, Intel grants no express or implied right under Intel patents, copyrights,
trademarks, or other intellectual property rights. You may transfer the Software only if the
recipient agrees to be fully bound by these terms and if you retain no copies of the  Software.  

EXCLUSION OF OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED 
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A 
PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness
of any information, text, graphics, links or other items contained within the Software.  


LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES  
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST  
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS  
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR  
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO  
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT  
VARY FROM JURISDICTION TO JURISDICTION.  

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its
terms. Upon termination, you will immediately destroy the Software or return all copies of the 
Software to Intel.  

APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of Delaware, 
excluding its principles of conflict of laws and the United Nations Convention on Contracts for the
Sale of Goods. You may not export the Software in violation of applicable export laws and 
regulations. Intel is not obligated under any other agreements unless they are in writing and signed
by an authorized representative of Intel.  

GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, 
or disclosure by the Government is subject to restrictions as set forth in FAR52.227 -14 and
DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes
acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel 
Corporation, 2200 Mission College Blvd., Santa Clara, CA 95052.   

                                                                          
                                                                        

  
