Terms of Use for Intel® Software Guard Extensions (SGX) Services and Intel® Trust Domain Extension (TDX) Services

10 January 2023 version

Please read these terms of use (“Terms”) carefully before using the Intel® SGX Services or Intel® TDX Services. By accessing and using the Materials, Software, or Services, You acknowledge and agree to abide by these Terms. If You do not agree to these Terms, do not access or use the Materials, Software or Services. If You are accepting the Terms on behalf of a company, or corporate or legal entity (“Entity”), You warrant that: (a) You have full legal authority to bind the Entity to these Terms; (b) You have read and understand these Terms; and (c) on behalf of the Entity, You agree to these Terms. If You do not have the legal authority to bind the Entity, please do not accept these Terms, and do not access or use the Materials, Software or Service.

  • 1. Definitions

    • 1.1. Intel Service Providers – Intel Corporation, its affiliates, or one or more third parties providing the Services.
    • 1.2. Materials – resources and tools provided through the Software or Services including, but not limited to, developer tools, application program interfaces (“APIs”), documents, and product information. Materials include Output.
    • 1.3. Output – output from Software or Services, including permissible file generations, measurements, and other results.
    • 1.4. Services – services provided in support of Intel® SGX technology or Intel® TDX Technology.
    • 1.5. Software – software programs provided by Intel Service Providers in support of the Services.
    • 1.6. You or Your - means you or you and your employer and its affiliates, whether or not capitalized.

  • 2. Scope of Terms

    • 2.1. These Terms apply to the Materials, Software, or Services. These Terms apply to all the Services web sites, current and future.
    • 2.2. Intel provides general terms of service on all Intel web sites and to the extent that those general terms do not conflict with these Terms, such general terms remain in full force and effect.
    • 2.4. Beta Service(s): Intel may, in its sole discretion, offer Beta Services(s) for use pursuant to these Terms. For purposes of these Terms, the Beta Service, is a service under development by one or more Intel Service Providers, and may include software, specifications, prototypes, or other materials. Title to the Beta Service(s) remains with the Intel Service Providers, their licensors, and their suppliers. You understand and agree that use of the Beta Service(s) is at your own risk and Intel may terminate access at any time.

  • 3. Security and Privacy

    • 3.1. Intel’s Privacy Notice ( https://www.intel.com/content/www/us/en/privacy/intel-privacy-notice.html ) will apply to any personal data (such as name and contact details) that You submit when You sign up for and access the Services.
    • 3.2. To access the Services it may be necessary to establish an account and password. Each account must be associated with a valid customer e-mail address. You are entirely responsible for maintaining the confidentiality of Your password and account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Intel immediately of any unauthorized use of Your account or any other breach of security related to Your account. Intel will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Intel or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

  • 4. Use Terms

    • 4.1. Access

      You may access the Materials, Software and Services for Your Service (as defined below), subject to all the Terms contained herein, including but not limited to the following:

      • 4.1.1. You may not disclose, distribute or transfer any part of the Materials, Software or Services except as provided in this Terms, and You agree to prevent unauthorized copying of the Materials, Software and Services.
      • 4.1.2. You understand, acknowledge and agree that the Software, Services and certain parts of the Materials are confidential information of the Intel Service Providers, their licensors, or their suppliers and shall not be disclosed or used by anyone other than You, except as expressly permitted in these Terms.
      • 4.1.3. You may not, nor will you permit any other party to: (i) reverse engineer, decompile, or disassemble, modify, translate, create or derive or attempt to create or derive, by reverse engineering or otherwise, the source code from the object code, underlying ideas, algorithms, file formats or non-pubic APIs of the Materials, Software and Services, except as permitted by law; (ii) remove or obscure any proprietary or other notices contained in the Materials, Software and Services; or (iii) publicly disseminate information regarding the performance of the Materials, Software and Services.
      • 4.1.4. You may not use the Materials, Software and Services for any unlawful purpose.
      • 4.1.5. You may not sublicense, modify, sell, rent, lease or create a service bureau using the Materials, Software or Services. Any reproduction or redistribution of the Software or Materials not in accordance with these Terms, a License Agreement, if any, or the Services governed by these Terms is expressly prohibited, may be prohibited by law, and may result in severe civil and criminal penalties.
      • 4.1.6. You acknowledge and agree that:
        • 4.1.6.1. Caching of the Public Certificate Key (PCK) and Trusted Computing Based (TCB) information is required to avoid unnecessary high-frequency calls to the Intel Provisioning Certification Services (PCS).
        • 4.1.6.2. You will not remove any proprietary notices, trademarks, services marks, logos or other Brand Features of the Intel Service Providers;
        • 4.1.6.3. You will promptly notify Intel of any non-conformity, alleged defect or malfunction of the Materials, Software and Services; and
        • 4.1.6.4. You will use the Materials, Software and Services in accordance with Intel’s published minimal requirements, as applicable.
    • 4.2. License to the Output
      • 4.2.1. Subject to these Terms, Intel hereby grants You a license to download, copy and use the Output of the Services in Your internal attestation service (“Your Service”) only. No other license is granted herein and no other use is permitted.
    • 4.3. Software
      • 4.3.1. Any Software that is made available to You from the Services is the copyrighted work and trade secret of the Intel Service Providers, their licensors, or their suppliers. Access to the Services or performance of the Software is governed by (i) these Terms; or (ii) the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). If there is no License Agreement, these Terms will govern use of the Software or Materials. If there is a License Agreement, You will be unable and not authorized to access, perform, or install, as applicable, any Software that is accompanied by or includes a License Agreement, unless You first agree to the terms of the applicable License Agreement. The Software is made available for access or download solely to You but not to any other or third party. Any reproduction or redistribution of the Software not in accordance with these Terms or the License Agreement, if any, is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
      • 4.3.2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS, SOFTWARE OR SERVICES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS EXPRESSLY PERMITTED BY THESE TERMS OR A LICENSE AGREEMENT, IF ANY, GOVERNING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE WARRANTED IN A LICENSE AGREEMENT, INTEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, SOFTWARE AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF ANY KIND, ORAL, WRITTEN, OR STATUTORY, INCLUDING, WITHOUT LIMITITATION, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
      • 4.3.3. INTEL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF ANY OUTPUT, WHETHER GENERATED BY THE USER, INTEL SERVICE PROVIDERS, INTEL SERVICE PROVIDORS LICENSORS, OR INTEL SERVICE PROVIDER SUPPLIERS, THAT RESULT FROM SUCH USE OF THE MATERIALS, SOFTWARE AND SERVICES.
    • 4.4. Use Restriction:
      • 4.4.1. Unless expressly stated in these Terms or in a mutually signed writing, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials, Software and Services.
      • 4.4.2. You may not use or facilitate the use of the Materials, Software and Services in connection with any infringement analysis concerning Intel products, Software or Services. By Your use of the Materials, Software and Services, You hereby grant Intel a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on the Materials, Software and Services.

  • 5. License to Use Comments and Suggestions.

    • 5.1. These Terms do NOT obligate You to provide Intel with comments or suggestions regarding the Materials, Software and Services. However, You grant 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 any such comments or suggestions that You provide Intel for the modification, correction, improvement or enhancement of (a) the Materials, Software and Services or (b) Intel products or processes related to the Services.

  • 6. Restrictions. No Unlawful or Prohibited Use.

    You agree not to use the Materials, Software and Services for any purpose that is unlawful or prohibited by these Terms or by law. You may not:

    • 6.1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Materials, Software or Services;
    • 6.2. You may not use the Materials, Software or Services in any manner that could damage, disable, overburden, or impair any Intel server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Software or Services or interfere with any other party's use and enjoyment of the Software and Services. Intel reserves the right to implement technological measures to prevent damaging, disabling, overburdening, or impairing any Intel server, or network(s) connections.
    • 6.3. You may not attempt to gain unauthorized access to any Materials, Software, Services, other accounts, computer systems or networks connected to any Intel server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software or Services;
    • 6.4. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations of the United States and other countries governing the export, import, transfer, distribution, use, or access of the Materials, Software and Services; and/or
    • 6.5. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

  • 7. U.S. Government Restricted Rights

    • 7.1. The Materials, Software and Services are 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 Materials, Software and Services by the Government constitutes acknowledgment of Intel Service Providers’, their licensors’, and their suppliers’ proprietary rights in them. You are a US Government End User If You are (ii) a prime contractor or subcontractor that is using the Materials, Software and Services to provide services to or for the U.S. Government, or (ii) U.S. Government customer and all U.S. Government users, account holders, and subscribers who use or access the Materials, Software and Services on behalf of a U.S. Government agency.

  • 8. Exclusions of Warranty

    • 8.1. The Materials, Software and Services are provided by the Intel Service Providers, their licensors, and their suppliers as a service to You solely available with the Services.
    • 8.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
      • 8.2.1. YOUR USE OF THE MATERIALS, SOFTWARE, AND SERVICES IS AT YOUR SOLE RISK AND THE MATERIALS, SOFTWARE, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
      • 8.2.2. ANY SOFTWARE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF YOUR CUSTOMERS OR LICENSEES, INCLUDING, BUT NOT LIMITED TO, COMPUTER SYSTEM(S) OR ANY OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH DOWNLOAD, USE, OR CREATION.
      • 8.2.3. IN NO EVENT SHALL INTEL SERVICE PROVIDERS, THEIR LICENSORS OR THEIR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE, OUTPUT OR MATERIALS, EVEN IF THE INTEL SERVICE PROVIDERS, THEIR LICENSORS, OR THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  • 9. Limitation of Liability

    • 9.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INTEL SERVICE PROVIDERS, THEIR LICENSORS, AND THEIR SUPPLIERS, SHALL NOT BE LIABLE TO YOU OR YOUR CUSTOMERS FOR AND HEREBY DISCLAIM:
      • 9.1.1. ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND, WHETHER ARISING FROM TORT, CONTRACT, STATUTE, OR OTHERWISE, FOR LOSS OF USE, DATA, GOODWILL, OR PROFITS ARISING FROM OR IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF ANY MATERIALS, SOFTWARE OR SERVICE, PROVISION OF OR FAILURE TO PROVIDE MATERIALS, SOFTWARE OR SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES WEB SITE.
      • 9.1.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU OR YOUR CUSTOMERS, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE YOU OR YOUR CUSTOMERS PLACE ON THE COMPLETENESS, OR ACCURACY OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS, OR THE EXISTENCE AND USE OF THE MATERIALS, SOFTWARE AND SERVICES OR ANYTHING IN ANY OF THE FOREGOING, OR ANY CHANGES THE INTEL SERVICE PROVIDERS, THEIR LICENSORS, OR THEIR SUPPLIERS MAY MAKE TO THE MATERIALS, SOFTWARE AND SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES INCLUDING, BUT NOT LIMITED TO SOFTWARE OR MATERIALS), OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. INTEL SERVICE PROVIDERS, THEIR SUPPLIERS AND THEIR LICENSORS TOTAL LIABILITY SHALL NOT EXCEED $100 (ONE HUNDRED) UNITED STATES DOLLARS OR THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE PRIOR SIX (6) MONTHS.
    • 9.2. THESE LIMITATIONS ON THE INTEL SERVICE PROVIDERS’, THEIR LICENSORS’, OR THEIR SUPPLIERS’ LIABILITY SHALL APPLY WHETHER OR NOT INTEL SERVICE PROVIDERS, THEIR LICENSORS, OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

  • 10. Indemnification:

    • 10.1. You hereby agree to indemnify, defend, and hold Intel and its officers, agents, employees, partners, service providers, suppliers or licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from Your use of the Materials, Software and Services, Your Service, Your connection to the Materials, Software and Services, or Your violation of the Terms, any laws, or any rights of another.

  • 11. Changes and Updates

    • 11.1. Intel reserves the right to modify or discontinue, temporarily or permanently, the access to or performance of the Materials, Software and Services (or any part thereof) with or without notice. Intel may make changes to the Materials, Software and Services, or to the products, software or services described therein, at any time without notice. Intel makes no commitment to update the Materials, Software and Services.

  • 12. Ownership

    • 12.1. You acknowledge and agree that Intel Service Providers, their licensors, and their suppliers: (i) own all legal rights, title and interest in and to the Materials, Software and Services and the related web sites, including any Intel or third party trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights are registered or not, and wherever in the world they may exist) (“Brand Features”), which are protected by worldwide intellectual property laws and treaty provisions; (ii) do not grant You any right or license reproduce, modify, publish, perform, upload, post, transmit, or distribute in any way the Brand Features without the prior written permission of Intel or such third party; and (iii) do not grant You any right or license, express or implied, under any patents, copyrights, trademarks, or trade secret information or other intellectual property rights.

  • 13. Translations

    • 13.1. Where Intel provided these Terms to You in an English language translation, You agree that the translation is provided for Your convenience only and that the English language translation of the Terms will govern Your relationship with Intel. If there is any contradiction between the English language translation of the Terms and any other translation of the Terms, the English language translation of the Terms shall govern.

  • 14. Intel Product Notices and Information

    • 14.1. Limitations: WITH REGARD TO INFORMATION ON INTEL PRODUCTS, MATERIALS, SOFTWARE, OR SERVICES, INTEL GRANTS NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IN THE MATERIALS, SOFTWARE AND SERVICES. EXCEPT AS PROVIDED IN THESE TERMS FOR SUCH MATERIALS, SOFTWARE AND SERVICES, INTEL, INTEL SERVICE PROVIDERS, THEIR LICENSORS AND THEIR SUPPLIERS ASSUME NO LIABILITY WHATSOEVER, AND THE INTEL SERVICE PROVIDERS, THEIR LICENSORS, AND THEIR SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO THE SALE OR USE OF INTEL PRODUCTS, THE MATERIALS, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT.
    • 14.2. Use of Intel Products: Intel products, Materials, Software and Services are not intended for use in medical, life-saving, or life- sustaining applications. UNLESS OTHERWISE AGREED IN WRITING BY INTEL, INTEL PRODUCTS, MATERIALS, SOFTWARE AND SERVICES ARE NOT DESIGNED NOR INTENDED FOR ANY APPLICATION IN WHICH THE FAILURE OF THE INTEL PRODUCTS, MATERIALS, SOFTWARE AND SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.
    • 14.3. Changes: Intel may make changes to specifications, product descriptions, product information on the web site or Materials, Software and Services at any time, without notice.
    • 14.4. Benchmarks and Performance Claims: Any performance tests and ratings provided on the Services web site are measured using specific computer systems or components and reflect the approximate performance of Intel products or software as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. You should consult other sources of information to evaluate the performance of systems or components You are considering purchasing. For more information on performance tests and the performance of Intel products, visit Intel Performance Benchmark Limitations.
    • 14.5. Non-Intel Benchmarks: Intel does not control or audit the design or implementation of third party benchmarks or web sites referenced in the Software and Materials, or on the Services web sites. Intel encourages all of its customers to visit the referenced web sites of others where similar performance benchmarks are reported to confirm whether the referenced benchmarks are accurate and reflect performance of systems available for purchase.

  • 15. DMCA Copyright Infringement Claim

    • 15.1. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE.
    • 15.2. See Notice and Procedure for Making Claims of Copyright Infringement.
    • 15.3. Intel may, in appropriate circumstances, terminate a user account holder or subscriber to the Services if the person or Entity is a repeat infringer. If You believe that a user, account holder or subscriber is a repeat infringer, please follow the instructions above to contact Intel's DMCA agent and provide information sufficient for us to verify that such person or corporation is a repeat infringer.

  • 16. Links to Other Materials or Sites

    • 16.1. The linked sites are not under the control of Intel and Intel is not responsible for the content of any linked site or any link within a linked site. Intel reserves the right to terminate any link or linking program at any time. Intel does not endorse companies or products to which it links and reserves the right to note such on its web pages. If You decide to access any of the third party sites linked to this web site, You do this entirely at Your own risk

  • 17. Termination

    • 17.1. Intel may terminate your access to some or all of the Materials, Software and Services (i) immediately upon a breach of these Terms by You; or (ii) at any time in Intel’s sole discretion.

  • 18. General

    • 18.1. Your access to the Materials, Software and Services is governed by all applicable laws of your jurisdiction, including but not limited to national, regional, municipal, federal, state and local laws. All information available on the Services, including but not limited to Software and Materials, if any, is subject to U.S. export control laws and may also be subject to the laws of the country where You reside.
    • 18.2. All disputes arising out of or related to these Terms, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States and the State of Delaware, without reference to conflict of laws principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement.
    • 18.3. You must comply with all laws and regulations of the United States and other countries governing the export, re-export, import, transfer, distribution, use, access and servicing of the Materials, Software and Services. In particular but without limitation, You must not, without first obtaining all authorizations required by the United States and all applicable laws and regulations, export Materials, Software and Services: (a) to any prohibited or restricted entity or a country subject to sanctions without first obtaining a license or authorization; and (b) use for the development, design, manufacture, servicing, maintenance or production of nuclear, missile, chemical, or biological weapons, or for any other purpose prohibited by the United States government or other applicable governments. In the case of any violation of these rules and regulations or non-compliance with all applicable laws, Intel reserves the right to seek all remedies available by law and in equity for such violations.
    • 18.4. Intel makes no representation that the Materials, Software and Services are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Materials, Software or Services, if any, from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
    • 18.5. No waiver of any breach hereof will be held to be a waiver of any other subsequent breach. Except as expressly provided otherwise in these Terms, the rights and remedies of Intel in this agreement are in addition to any other rights and remedies provided by law or in equity. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination will not affect the validity of the remaining provisions unless Intel determines in its discretion that the court’s determination causes this agreement to fail in any of its essential purposes.
    • 18.6. Intel may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on Materials, Software and Services.