Revolution Analytics MKL
End User License Agreement

These license terms are an agreement between Revolution Analytics (Revolution or us) and you (User or you). Please read them.  By selecting the I ACCEPT box, accessing, or otherwise using the Revolution Analytics MKL software or documentation, you agree to all the terms of this agreement.  If you do not agree with all of these terms, do not select the I ACCEPT box, access, or otherwise use the Revolution Analytics MKL software or documentation.  User does not become a licensed user of, and is not authorized to use, the Revolution Analytics MKL software or documentation unless and until it has agreed to be bound by all of these terms.

Revolution Analytics MKL is a software package provided for use with Revolution R Open (RRO), Revolution R Enterprise (RRE), and any successors or other software applications released by us (Licensed Products) that can be used with the Intel Math Kernel Libraries (MKL)(for more information, see https://software.intel.com/en-us/intel-mkl).  This software package is referred to herein as the Revolution Analytics MKL.  Intel Corporation is referred to as Intel.

1. License.  The Revolution Analytics MKL is licensed for exclusive use with the Licensed Products. Subject to all of the terms and conditions of this Agreement, Revolution grants User a non-exclusive, non-transferable, non-sublicensable right to use Revolution Analytics MKL. Revolution Analytics MKL must be used as a single integrated software application and may not be separated into its constituent parts. 

2. Restrictions. User shall not, directly or indirectly: (i) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to Revolution Analytics MKL  or any component thereof; (ii) modify or create any derivative works of Revolution Analytics MKL; (iii) remove or alter any copyright, trademark or proprietary notice in Revolution Analytics MKL; or (iv) reverse engineer, disassemble, attempt to obtain the source code for, decompile or modify any portion of Revolution Analytics MKL (except to the extent that such restrictions are not permissible under applicable law). 

3. Proprietary Rights.  The Revolution Analytics MKL is licensed, not sold, by its respective owners and licensors. Revolution, Intel and their licensors shall own all right, title, and interest to Revolution Analytics MKL and any intellectual or proprietary rights therein (including but not limited to patents, copyrights, trademarks, service marks, trade names and other trade secret rights).  Except as expressly provided herein, no licenses of any kind are granted hereunder, whether by implication, estoppel, or otherwise, and all rights that are not expressly granted are hereby reserved.  
 	 
4. As Is/Disclaimer of Warranty.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, REVOLUTION ANALYTICS MKL AS PROVIDED BY REVOLUTION AND ITS LICENSORS IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  REVOLUTION AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THAT THE REVOLUTION ANALYTICS MKL SOFTWARE WILL MEET USER'S REQUIREMENTS OR THAT THE USE OF REVOLUTION ANALYTICS MKL WILL BE UNINTERRUPTED OR ERROR FREE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REVOLUTION, INTEL OR THEIR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE REVOLUTION ANALYTICS MKL INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.  

6. General.  User agrees and acknowledges that neither Revolution Analytics MKL, or any direct product thereof, may be exported outside the United States or re-exported except as authorized and as permitted by the laws and regulations of the United States and/or the laws and regulations of the jurisdiction (if other than the United States) in which User rightfully obtained Revolution Analytics MKL.  Except as expressly provided herein, User may not assign its rights or delegate its obligations under this Agreement without the prior written consent of Revolution; Revolution may assign its rights under this Agreement without condition.  This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.  The laws of the State of Washington govern this Agreement.  If federal jurisdiction exists, the parties consent to exclusive jurisdiction and venue in the federal courts in King County, Washington.  If not, the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington.  The parties agree the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  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.  If any provision of this Agreement is found void and unenforceable, it will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision.  This Agreement, and the documents referenced in this Agreement, constitute the entire agreement between User and Revolution relating to its subject matter and all terms herein and supersedes all prior or contemporaneous agreements or understandings.  No other terms and conditions shall apply.  This Agreement may be modified or changed only in writing by authorized representatives of User and Revolution. 

Intel is a trademark of Intel Corporation in the U.S. and/or other countries.
