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TERMS AND CONDITIONS OF SALE
FOR THE INTEL CORPORATE EVALUATION PROGRAM

INTEL AMERICAS, INC.

1.            Customer Acknowledgment.  Customer agrees to these terms and conditions of sale by the placement of a request to purchase a product.  

2.                  Payments.  Payments must be by Visa, MasterCard, and American Express prior to shipment of the products.

3.                  Shipping.  Shipping is included in the cost of orders for the United States and Canada only.

4.                  Taxes.  Products purchased through this program are NOT intended for resale and shall not be resold.  Sales tax will be charged for all US orders where applicable and where Intel has nexus. 

5.                  Trademarks/Privacy.  For trademarking and general Intel legal information, click here. To view Intel's privacy policy, click here. 

6.            Returns.  We will do our best to ensure your satisfaction with our product.  However, if you are not satisfied with it, you can return it at your expense within 30 days of purchase for a full refund. To ensure proper credit, the order number must be clearly marked on the outside of the shipping box. Please include a copy of the packing list with the appropriate reason code marked. Product must be returned to Intel within 10 days after the end of the 30 day return period to obtain a full refund.

Please ship to:
Intel Corporate Evaluation Program
4638 East Shelby Drive
Memphis, TN 38118

Damaged Product:  If you've received a product that is damaged, please call Customer Service at: 800-538-3373. Customer Service hours are Monday through Friday: 6:00 AM to 5:00 PM (Pacific Time).

Warranty Support for Intel Products:  Questions regarding warranty support should be directed to the Intel® Technical Support hotline: (916) 377-7000.

7.             Errors and Omissions.  Intel makes efforts to ensure the accuracy of the information published on the Web site. If an error is made, Intel will maintain the right to refuse or cancel any orders placed for products affected by the error. Such errors may include price. If the order has been confirmed and charged to a credit card, Intel will issue a credit representing the difference between the incorrect and corrected price.

8.             Pricing.  Prices listed on the Web site are subject to change without notice. Prices do not include charges for sales and use tax.

9.             Manufacturer License Agreements.  Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher. Such licenses may be in shrink-wrap or click-to-accept form.

10.           Modifications.  Intel may revise these terms and conditions at any time.  By placement of an order, the customer agrees if any of these terms and conditions are found unlawful or unenforceable, the remainder of these terms will continue in full force and effect.

11.           Limited Warranty

(a) Hardware Products. Intel warrants that its hardware Products to be delivered hereunder, if properly used, will be free from defects in material and workmanship and will substantially conform to Intel's publicly available specifications for one (1) year following the date of shipment unless a different warranty statement is specified (i) in the Intel Price List in effect at time of shipment; (ii) on Product packaging; or (iii) on Intel's quotation.

(b) There is no obligation to provide service and/or support until full payment is received.  Terms and conditions of support are at Intel's discretion.  Affirmative statements about support by any third party are provided by that party and will not be binding on Intel.

 (c) Intel does not warrant that hardware Products to be delivered hereunder will be free from design defects or errors known as "errata". For purposes of this section, “errata” are design defects or errors that may cause the Products to deviate from published specifications.

(d) Buyer agrees that Intel will not be liable for any downtime or system interruption that may be attributed to Buyer's use of Intel's electronic transaction applications.

(e) Disclaimer. THE ABOVE WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE.  INTEL NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY.  EXCEPT FOR END-USER PRODUCT WARRANTIES DELIVERED WITH THE PRODUCT AS CONTAINED IN THE PRODUCT PACKAGING, THESE WARRANTIES ARE PROVIDED SOLELY TO BUYER AND ARE NOT SUBJECT TO ASSIGNMENT, TRANSFER OR PASS-THROUGH TO BUYER'S END CUSTOMERS.

(f) Remedy. If any Product furnished by Intel fails to conform to any warranty, Intel's sole and exclusive liability will be, at Intel's option, to repair, replace or credit Buyer's account with an amount equal to the price paid for any such Product which fails during the applicable warranty period. To receive the benefit of the foregoing warranty, (i) Buyer must follow Intel's return instructions; (ii) Buyer must promptly notify Intel in writing within the applicable warranty period that such Product is defective and must furnish an explanation of the deficiency; (iii) such Product must be returned to Intel's service facility at Buyer's risk and expense; and (iv) Intel must be satisfied that claimed deficiencies exist and were not caused by accident, misuse, neglect, alteration, repair, improper installation or improper testing.  Unless otherwise agreed to by Intel in writing, if such Product is defective, transportation charges for the return of the repaired Product to Buyer within the United States will be paid by Intel. Returned Product that is found by Intel not to be defective or that contains missing or damaged parts will be returned to Buyer at Buyer's sole cost and expense with credit, replacement or repair disapproved. For all other locations, the warranty excludes all costs of shipping, duty, customs clearance, and other related charges.  Intel will have a reasonable time to make repairs or to replace Product or to credit Buyer's account.

(g) Exclusive Remedy.  IN NO EVENT WILL INTEL BE LIABLE FOR ANY MONETARY DAMAGES OR OTHER COSTS ASSOCIATED WITH WARRANTY CLAIMS WHETHER FOR THE REPLACEMENT OR REPAIR OF PRODUCTS, INCLUDING LABOR, INSTALLATION OR OTHER COSTS INCURRED BY BUYER AND, IN PARTICULAR, ANY COSTS RELATING TO THE REMOVAL OR REPLACEMENT OF ANY PRODUCT SOLDERED OR OTHERWISE PERMANENTLY AFFIXED TO ANY PRINTED CIRCUIT BOARD.

12.          Limitation of Liability.  EXCEPT AS EXPRESSLY SET FORTH IMME-DIATELY BELOW, IN NO EVENT WILL INTEL BE LIABLE FOR ANY DAMAGES WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF USE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL INTEL'S TOTAL CUMULATIVE LIABILITY TO BUYER, INCLUDING INDEMNITY UNDER SECTION 7 ABOVE AND ANY DIRECT DAMAGES ARISING FROM THIS AGREEMENT, EXCEED THE SUM PAID TO INTEL BY BUYER FOR PRODUCTS SOLD UNDER THE PARTICULAR PURCHASE ORDER HEREUNDER WHICH ARE THE SUBJECT OF AND DIRECTLY AFFECTED BY SUCH CLAIMS.

IN NO EVENT OTHER THAN AS STATED IN SECTION 7 ABOVE, WILL INTEL BE LIABLE IN INDEMNITY TO BUYER. THIS INCLUDES, WITHOUT LIMITATION, LIABILITY FOR LOSS OR CORRUPTION OF DATA.

 13.         Force Majeure.  Neither party will be liable for any failure to perform acts, other than payment obligations, due to unforeseen circumstances or causes beyond the parties' reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, electronic viruses, worms or corrupting microcode, shortage of supply or delay in delivery by Intel's vendors, fire, flood, earthquake, accident, strikes, radiation, inability to secure transportation, failure of communications or electrical lines, facilities, fuel, energy, labor or materials.

In an event of force majeure, either party's time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.

14.          Export.  Buyer will not export, either directly or indirectly, any Product or system incorporating such Product without first obtaining any required license or other approval from the appropriate host Government or the U.S. Department of Commerce or any other agency or department of the host Government or the U.S. Government with appropriate authority.

15.          Governing Law.  The terms herein will be governed by the laws of the State of Delaware U.S.A. notwithstanding its conflicts of laws provisions, and the parties have agreed that the United Nations Convention for International Sale of Goods shall not govern this Agreement.