The Intel® NUC Kit NUC7i5BNH Gives You the Performance to Turn the Intel NUC into A Powerhouse Of Productivity and Play Term. This Agreement begins upon Your acceptance of its terms and continues until terminated under Sections 3 or 10.2. 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.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined in 48 C.F.R. 2.101) consisting of commercial computer software and commercial computer software documentation (as those 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 not provide the Software to the U.S. Government. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95054. Termination. Either party may terminate this Agreement, with 30 days written notice, at any time for any reason. This Agreement will automatically terminate upon (a) Your breach of the Agreement, (b) an allegation that you do not have authority to bind your employer to these terms, or (c) Your assertion that an Intel Component, the Materials, or any product based on any Intel Components or the Materials infringes Your patents. iii. At Intel’s sole discretion, Intel may terminate Your access to Customer Data or delete Customer Data stored in the Cloud Services during a suspension, and Intel shall not be liable to You for any damages or losses You may incur as a result of such suspension.NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items referenced therein, at any time without notice. Intel is not obligated to support, update, provide training for, or develop any further version of the Software or to grant any license thereto. No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement. This SOFTWARE LICENSE AND CLOUD SERVICES AGREEMENT, including all appendices and exhibits (collectively, this “Agreement”) is entered into between Intel Corporation, a Delaware corporation (“Intel”) and You. If You intend to access the Cloud Services in addition to using the Software, the terms and conditions of Appendix B apply to Your access and use of the Cloud Services (as defined in Appendix B), in addition to the terms and conditions of this Agreement applicable to Your access and use of the Software. “You” refers to you or your employer or other entity for whose benefit you act, as applicable. If you are agreeing to the terms and conditions of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that legal entity to the Agreement, in which case, "You" or "Your" shall be in reference to such entity. Intel and You are referred to herein individually as a “Party” or, together, as the “Parties”. 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. Prohibited Uses: The following list provides a number of general prohibited uses of the Cloud Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses. a) Licensee may not disclose, distribute or transfer any part of the Software, and You agree to prevent unauthorized copying of the Software.

f) “Intel Data” means all aggregate information, raw data, analytics and data created, derived or generated in any manner from or by the Software or Cloud Services during Your, Your employees, contractors, or end users use of Software or the Cloud Services but does not include Customer Data.

CONFIDENTIALITY. The terms and conditions of this Agreement, exchanged confidential information, as well as the Software are subject to the terms and conditions of the Non-Disclosure Agreement(s) or Intel Pre-Release Loan Agreement(s) (referred to herein collectively or individually as “NDA”) entered into by and in force between Intel and You, and in any case no less confidentiality protection than You apply to Your information of similar sensitivity. If You would like to have a contractor perform work on Your behalf that requires any access to or use of Software, You must obtain a written confidentiality agreement from the contractor which contains terms and conditions with respect to access to or use of Software no less restrictive than those set forth in this Agreement, excluding any distribution rights and use for any other purpose, and You will remain fully liable to Intel for the actions and inactions of those contractors. You may not use Intel's name in any publications, advertisements, or other announcements without Intel's prior written consent. The readme file includes BIOS update instructions for advanced users. If you need complete step-by-step instructions on how to use each of these BIOS update methods, refer to BIOS update instructions. LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate You to provide Intel with comments or suggestions regarding the Software or Cloud Services. However, if You provide Intel with comments or suggestions for the modification, correction, improvement or enhancement of (a) the Software or Cloud Services or (b) Intel products or processes that work with the Software or Cloud Services, You grant to Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, under Your intellectual property rights, to incorporate or otherwise utilize those comments and suggestions. iv. Intel reasonably believes that suspension of the Cloud Services is necessary to protect Intel’s network or other Intel companies;