1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
|
Advanced Micro Devices, Inc.
Software License Agreement
IMPORTANT—READ CAREFULLY: Do not load or use the Software until you have carefully read
and agreed to the following terms and conditions. This is a legal agreement (“Agreement”)
between you (either an individual or an entity) (“Licensee”) and Advanced Micro Devices, Inc.
(“AMD”). If Licensee does not agree to the terms of this Agreement, do not install or use this
software or any portion thereof. By loading or using the object code version only of the software
obtained herewith, which may include associated install scripts and online or electronic
documentation or any portion thereof, that is made available by AMD to download from any media
(“Software”), Licensee agrees to all of the terms of this Agreement.
1. LICENSE:
a. Subject to the terms and conditions of this Agreement, AMD grants Licensee the
following non-exclusive, non-transferable, royalty-free, limited copyright license to download,
copy, use, distribute and sublicense the foregoing rights through multiple tiers of sublicenses the
object code version of the Software and materials associated with this Agreement, including
without limitation printed documentation, (collectively, “Materials”), provided that Licensee agrees
to include all copyright legends and other legal notices that may appear in the Materials. The
foregoing license is conditioned upon Licensee distributing the object code version of the
Software only and under this software license agreement. Except for the limited license granted
herein, Licensee shall have no other rights in the Materials, whether express, implied, arising by
estoppel or otherwise.
b. Except as expressly set forth in Section 1(a), Licensee does not have the right to (i)
distribute, rent, lease, sell, sublicense, assign, or otherwise transfer the Materials, in whole or in
part, to third parties for commercial or for non-commercial use; or (ii) modify, disassemble,
reverse engineer, or decompile the Software, or otherwise reduce any part of the Software to any
human readable form. All rights in and to the Materials not expressly granted to Licensee in this
Agreement are reserved to AMD.
2. FEEDBACK: Licensee may provide AMD feedback, suggestions or opinions as to the Software,
its features, and desired enhancements or changes. If Licensee provides feedback, suggestions or
opinions to AMD regarding any new features, use, functionality, or change to the Software or any
materials related to the Software, Licensee hereby agrees to grant, and does grant, AMD all rights
needed for AMD to incorporate, modify, distribute, use and commercialize any new feature, use,
functionality, or change at no charge or encumbrance to AMD. Licensee agrees that AMD may disclose
such feedback, suggestions or opinions to any third party in any manner, and Licensee agrees that AMD
has the ability to sublicense any of the foregoing rights in any feedback, suggestions or opinions or AMD
products or services in any form to any third party without restriction.
3. OWNERSHIP AND COPYRIGHT OF MATERIALS: Licensee agrees that the Materials are
owned by AMD and are protected by United States and foreign intellectual property laws (e.g. patent and
copyright laws) and international treaty provisions. Licensee will not remove the copyright notice from the
Materials. Licensee agrees to prevent any unauthorized copying of the Materials. All title and copyrights
in and to the Materials, all copies thereof (in whole or in part, and in any form), and all rights therein shall
remain vested in AMD. Except as expressly provided herein, AMD does not grant any express or implied
right to Licensee under AMD patents, copyrights, trademarks, or trade secret information.
4. WARRANTY DISCLAIMER: THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY
EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, TITLE,
OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THOSE ARISING FROM CUSTOM OF TRADE
OR COURSE OF USAGE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
MATERIALS REMAINS WITH LICENSEE.
AMD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS AS TO THE
CORRECTNESS, ACCURACY, COMPLETENESS, QUALITY, OR RELIABILITY OF THE MATERIALS.
AMD DOES NOT WARRANT THAT OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE. YOU ARE RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF
USING THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE
MATERIALS, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO
OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF
OPERATIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
LICENSEE.
5. LIMITATION OF LIABILITY: IN NO EVENT SHALL AMD OR ITS DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO LICENSEE OR
ANY THIRD PARTIES IN RECEIPT OF THE MATERIALS FOR CONSEQUENTIAL, INCIDENTAL,
PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR
INABILITY TO USE THE MATERIALS, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. AMD DOES NOT ASSUME ANY RESPONSIBILITY TO SUPPORT OR UPDATE
THE MATERIALS. BY USING THE MATERIALS WITHOUT CHARGE, YOU ACCEPT THIS
ALLOCATION OF RISK. BECAUSE SOME JURSIDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO LICENSEE.
6. U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials 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 by the
Government constitutes acknowledgment of AMD’s proprietary rights in them.
7. TERMINATION OF LICENSE: This Agreement will terminate immediately without notice from
AMD or judicial resolution if Licensee fails to comply with any provisions of this Agreement. Upon
termination of this Agreement, Licensee must delete or destroy all copies of the Materials.
8. SUPPORT. Under this Agreement, AMD is under no obligation to assist in the use of the
Materials, to provide support to licensees of the Materials, or to provide maintenance, correction,
modification, enhancement, or upgrades to the Materials. If AMD determines, in its sole discretion, to
support, maintain, correct, modify, enhance, or upgrade the Software, such support, maintenance,
correction, modification, enhancement or upgrade shall be considered part of the Materials, and shall be
subject to this Agreement.
9. SURVIVAL: Sections 1(b), 2, 3, 4, 5, 6, and 8 through 14 shall survive any expiration or
termination of this Agreement.
10. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed
by and construed in accordance with the substantive laws of the State of California, without regard to
principles of conflict of laws. Each party hereto submits to the jurisdiction of the state and federal courts
of Santa Clara County and the Northern District of California for the purposes of all legal proceedings
arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection
which it may have to contest such forum.
11. IMPORT/EXPORT/RE-EXPORT/USE/RELEASE/TRANSFER RESTRICTIONS AND
COMPLIANCE WITH LAWS: Licensee is hereby provided notice, and agrees and acknowledges, that
the Software, its source code, any accompanying media, material or information, and any product of the
foregoing, may be subject to restrictions on use, release, transfer, importation, exportation and/or reexportation
under the laws and regulations of the United States or other countries ("Applicable Laws"),
which include but are not limited to U.S. export control laws such as the Export Administration
Regulations and national security controls as defined thereunder, as well as State Department controls
under the U.S. Munitions List. Licensee further agrees that the Software, its source code, any
accompanying media, material or information, and any product of the foregoing, will not be used,
released, transferred, imported, exported and/or re-exported in any manner prohibited under Applicable
Laws, including U.S. export control laws regarding specifically designated persons, countries and
nationals of countries subject to national security controls as provided in License Exception TSR of the
Export Administration Regulations and any successor regulations.
12. SEVERABILITY: Should any term of this Agreement be declared void or unenforceable by any
court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
13. NO WAIVER: The failure of either party to enforce any rights granted hereunder or to take action
against the other party in the event of any breach hereunder shall not be deemed a waiver by that party
as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties
and supersedes any prior or contemporaneous oral or written agreements with respect to the subject
matter of this Agreement.
|