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authorMarius Brehler <marbre@linux.sungazer.de>2015-02-01 13:09:36 +0100
committerMarius Brehler <marbre@linux.sungazer.de>2015-03-03 10:17:33 +0100
commitc1e7fe492c0ff8f41acc0ce04af5aab8548da4d9 (patch)
treec679376bbee929bb08b5a6f04529722dd507d86f /licenses/AMD-APPSDK
parentdev-util/amdapp-2.9.1: Version bump (diff)
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Add AMD-APPSDK license
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+
+ SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT
+ (Linux APP SDK Installer)
+
+IMPORTANT-READ CAREFULLY: This is a legal agreement
+("Agreement") between you and Advanced Micro Devices, Inc.
+("AMD"). Your use of this AMD Software Development Kit, (the
+"SDK") including software, tools, utilities,
+Documentation, and to the extent provided hereunder, Libraries,
+Sample Code, header files, any related AMD materials, and
+updates thereto (collectively, "Licensed Materials"), are
+subject to the following terms and conditions.
+Do not use these Licensed Materials until you have carefully
+read the following terms and conditions. By downloading or
+using the Licensed Materials obtained herewith, you are
+expressly agreeing to all of the following
+terms:
+WARRANTIES, SUPPORT, RIGHTS, AND DAMAGES ARE DISCLAIMED AND/OR
+LIMITED BELOW, PLEASE READ ENTIRELY AND CAREFULLY. IF YOU DO
+NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR
+USE THE LICENSED MATERIALS OR ANY PORTION THEREOF. DOWNLOADING
+OR USING THE LICENSED MATERIALS OR ANY PORTION THEREOF
+CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
+
+1. Definitions.
+
+ 1.1. "Documentation" means install scripts and online or
+electronic documentation included with the Licensed
+Materials, or portions thereof.
+
+ 1.2. "Free Software License" means an open source or other
+license that requires, as a condition of use, modification or
+distribution, that any resulting software must be (a) disclosed
+or distributed in source code form; (b) licensed for the
+purpose of making derivative works; or (c) re-distributable at
+no charge.
+
+ 1.3. "Licensee Software" means any software developed or
+modified by you using the Licensed Materials, and which may
+include any Libraries, Sample Code and/or derivative works of
+Sample Code.
+
+ 1.4. "Intellectual Property Rights" means all copyrights,
+trademarks, trade secrets, patents, mask works, and all
+related, similar, or other intellectual property rights
+recognized in any jurisdiction worldwide, including all
+applications and registrations with respect thereto.
+
+ 1.5. "Libraries" means any run-times or other functionality
+provided in Object Code including but not limited to codecs and
+video processing libraries.
+
+ 1.6. "Object Code" means machine readable computer
+programming code files, which is not in a human readable form.
+
+ 1.7. "Sample Code" means the Source Code identified within
+the SDK as sample code.
+
+ 1.8. "Source Code" means computer programming code in human
+readable form and related system level documentation, including
+all comments, symbols and any procedural code such as job
+control language.
+
+2 License Grants.
+
+ 2.1 Internal Use. Subject to the terms and conditions of
+this Agreement, AMD hereby grants to you a non-exclusive, non-
+transferable, royalty-free copyright license solely for your
+internal use in developing Licensee Software for use with
+products based on or incorporating AMD products (a) to use the
+Licensed Materials, (b) to download, use, copy, and create
+derivative works of Sample Code in Source Code and to create
+compilations of same in Object Code form, and (c) to download,
+use and copy the Libraries.
+
+ 2.2 Restrictions. This Agreement does not grant you any
+rights, by license, implication or otherwise, in or to any
+associated materials or technology, except as is expressly
+provided herein. Furthermore, you acknowledge that except as
+expressly provided herein, the Licensed Materials provided by
+AMD hereunder are for your internal use only and you may not
+sell, transfer, assign, sublicense or distribute the Licensed
+Materials, in whole or in part, in any manner. Except as
+expressly specified in Section 2.1, you will have no right to
+make or have made derivatives of the Licensed Materials, to
+reverse engineer, modify, disassemble or to decompile the
+Licensed Materials, or otherwise reduce any part of the
+Licensed Materials to any human readable form. You will not
+use the Licensed Materials in applications intended to support
+or sustain life, or in which the failure of your product could
+create a situation where personal injury, death, or severe
+property or environmental damage may occur. You will not use or
+distribute with any Licensee Software any code that is licensed
+under a Free Software License. No portion of the Licensed
+Materials may in any event be distributed on a stand-alone
+basis or other than in the form of Licensee Software. You must
+not alter or remove any copyright, trademark or patent notice
+in the Licensed Materials. You must reproduce all AMD
+trademark and/or copyright notices on any derivative work that
+incorporates Sample Code or Libraries. You may not use AMD's
+trademarks in the Licensee Software name or advertising in a
+way that suggests the Licensee Software comes from or is
+endorsed by AMD.
+
+ 2.3 Third Party Materials. Together with the Licensed
+Materials, AMD may include third party technologies (e.g. third
+party libraries) for which you must obtain licenses from
+parties other than AMD. You agree that AMD has not obtained or
+conveyed to you, and that you shall be responsible for
+obtaining, Intellectual Property Rights to use and/or
+distribute the applicable, underlying Intellectual Property
+Rights related to the third party technologies. These third
+party technologies are not licensed as part of the Licensed
+Materials and are not licensed under this Agreement.
+
+ 2.4 Other AMD Software Components. The Licensed
+Materials may be accompanied by AMD software components (e.g.
+libraries, sample code) which are licensed to you under the
+terms and conditions of their respective licenses located in
+the directory with the software component.
+
+ 2.5 Feedback. You have no obligation to give AMD any
+suggestions, comments or other feedback ("Feedback") relating
+to the Licensed Materials. However, AMD may use and include
+any Feedback that you voluntarily provide to improve the
+Licensed Materials or other AMD products and technologies.
+Accordingly, if you provide Feedback, you grant AMD and its
+affiliates and subsidiaries a worldwide, non-exclusive,
+irrevocable, royalty-free, perpetual license to use, reproduce,
+license, sublicense, distribute, make, have made, sell and
+otherwise commercialize the Feedback in the Licensed Materials
+or other AMD technologies. You further agree not to provide
+any Feedback that (a) you know is subject to any patent,
+copyright or other intellectual property claim or right of any
+third party; or (b) is subject to a Free Software License.
+
+3 Ownership and Copyright Notices. The Licensed Materials are
+owned or licensed by AMD and are protected by United States and
+foreign intellectual property laws and international treaty
+provisions. All title and copyrights in and to the Licensed
+Materials, all copies thereof (in whole or in part, and in any
+form), and all rights therein will remain vested in AMD.
+Except as expressly provided herein, AMD does not grant any
+express or implied right to you under AMD patents, copyrights,
+trademarks, or trade secrets. You agree the Licensed Materials
+are licensed, not sold by AMD.
+
+4 Support. You will not be entitled to any support of any kind
+from AMD or AMD's licensors. Furthermore, you will be solely
+responsible for providing support to your end users for the
+Licensee Software distributed by you or your
+products. AMD may, in its sole discretion, provide to you
+updates to the Licensed Materials.
+
+5 Warranty, Limitations of Liability and Indemnification.
+
+ 5.1 THE LICENSED MATERIALS ARE PROVIDED "AS IS," WITH ALL
+FAULTS, AND WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS ALL
+WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT
+LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
+FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AMD
+DOES NOT WARRANT THAT THE LICENSED MATERIALS ARE ERROR FREE OR
+THAT THE LICENSED MATERIALS WILL RUN CONTINUOUSLY.
+
+ 5.2 AMD WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO
+YOU FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES,
+INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS,
+ARISING FROM THIS AGREEMENT, EVEN IF AMD HAS BEEN APPRISED OF
+THE LIKELIHOOD OF SUCH DAMAGES. In no event will AMD's total
+liability to you for all damages, losses, and causes of action
+(whether in contract, tort (including negligence) or otherwise)
+exceed the amount of $100 USD.
+
+ 5.3 You agree to defend, indemnify and hold harmless AMD
+and its licensors, and any of their directors, officers,
+employees, affiliates or agents, from and against any and all
+loss, damage, liability and other expenses (including
+reasonable attorneys' fees), resulting from (a) your improper
+use of the Licensed Materials or (b) use of Licensee Software.
+
+6 Termination. Either party may terminate this Agreement upon
+thirty (30) days prior written notice to the other party. This
+Agreement will terminate immediately without notice from AMD or
+judicial resolution if you fail to comply
+with any provisions of this Agreement or upon AMD's written
+request for return of the Licensed Materials. Upon termination
+of this Agreement, you will cease using the Licensed Materials.
+Termination of this Agreement will have no effect on any sub-
+licenses properly granted by you to end users under Section 2,
+which sub-licenses will survive in accordance with their terms.
+
+7 Survival. Notwithstanding the foregoing, Sections 2.2, 2.3,
+2.4, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 will survive
+any expiration or termination of this Agreement, until by their
+own terms they are fulfilled.
+
+8 Export Restrictions. You shall adhere to all applicable
+U.S., European, and other export laws, including but not
+limited to the U.S. Export Administration Regulations ("EAR"),
+(15 C.F.R. Sections 730 through 774), and E.U. Council
+Regulation (EC) No 428/2009 of 5 May 2009. Further, pursuant
+to Section 740.6 of the EAR, you hereby certify that, except
+pursuant to a license granted by the United States Department
+of Commerce Bureau of Industry and Security or as otherwise
+permitted pursuant to a License Exception under the EAR, you
+will not (1) export, re-export or release to a national of a
+country in Country Groups D:1, E:1 or E:2 any restricted
+technology, software, or source code you receive from AMD, or
+(2) export to Country Groups D:1, E:1 or E:2 the direct product
+of such technology or software, if such foreign produced direct
+product is subject to national security controls as identified
+on the Commerce Control List (currently found in Supplement 1
+to Part 774 of EAR). For the most current Country Group
+listings, or for additional information about the EAR or your
+obligations under those regulations, please refer to the U.S.
+Bureau of Industry and Security's website at
+http://www.bis.doc.gov/.
+
+9. U.S. Government Restricted Rights. The Licensed Materials
+are provided with "RESTRICTED RIGHTS." Use, duplication or
+disclosure by the Government is subject to restrictions as set
+forth in FAR 52.227-14 and DFAR 252.227-7013, et seq., or its
+successor. Use of the Licensed Materials by the Government
+constitutes acknowledgement of AMD's proprietary rights in
+them.
+
+10. Governing Law. This Agreement will be governed under the
+laws of Texas, excluding the conflicts of law rules, and is
+deemed to have been executed and performed in Austin, Texas.
+
+11. Equitable Remedies. You acknowledge that your breach of
+this Agreement may cause irreparable damage to AMD and agree
+that AMD shall be entitled to seek injunctive relief under this
+Agreement, as well as such further relief as may be granted by
+a court of competent jurisdiction.
+
+12. General. You may not assign this Agreement. Any attempted
+assignment by you will be null and void. The parties do not
+intend that any agency or partnership relationship be created
+between them by this Agreement. Each
+provision of this Agreement shall be interpreted in such a
+manner as to be effective and valid under applicable law.
+However, in the event that any provision of this Agreement
+becomes or is declared unenforceable by any court of
+competent jurisdiction, such provision shall be deemed deleted
+and the remainder of this Agreement shall remain in full force
+and effect
+
+13. Entire Agreement. This Agreement sets forth the entire
+agreement and understanding between the parties and supersedes
+and merges all prior and contemporaneous oral and/or written
+agreements, discussions and
+understandings concerning the subject matter hereof. This
+Agreement may not be modified except by a written instrument
+executed by the parties. No waiver or modification of any
+provision of this Agreement shall be binding unless made in
+writing and signed by an authorized representative of each
+party.
+
+If you agree to abide by the terms and conditions of this
+Agreement, please press "Accept." If you do not agree to abide
+by the terms and conditions of this Agreement, press "Decline"
+and you may not use or access the Licensed
+Materials.
+
+By clicking accept, you confirm that you are neither a resident
+nor a national of Cuba, Iran, North Korea, the Sudan or Syria.