diff options
| -rw-r--r-- | licenses/AMD-GPU-PRO-EULA | 177 |
1 files changed, 177 insertions, 0 deletions
diff --git a/licenses/AMD-GPU-PRO-EULA b/licenses/AMD-GPU-PRO-EULA new file mode 100644 index 000000000000..cdf6e5cb4383 --- /dev/null +++ b/licenses/AMD-GPU-PRO-EULA @@ -0,0 +1,177 @@ +END USER LICENSE AGREEMENT +(AMD GPU-PRO) + +IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE, +DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY +"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) (COLLECTIVELY "YOU" AND "YOUR") AND ADVANCED MICRO +DEVICES, INC. ("AMD"). + +IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE +THIS SOFTWARE. BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL +THE TERMS AND CONDITIONS OF THIS AGREEMENT. + +1. DEFINITIONS + + 1. “Documentation” means install scripts and online or electronic + documentation associated, included, or provided in connection with the + Software, or any portion thereof. + + 2. “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. + + 3. “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) + redistributable at no charge. + +2. LICENSE + +Subject to the terms and conditions of this Agreement, AMD hereby grants You a +non-exclusive, royalty-free, revocable, non-transferable, limited, copyright +license to use the Software solely in conjunction with systems or components +that include or incorporate AMD processors, as applicable. + +3. RESTRICTIONS + +Except for the limited license expressly granted in Section 2 herein, You have +no other rights in the Software, whether express, implied, arising by estoppel +or otherwise. Further restrictions regarding Your use of the Software are set +forth below. You may not: + + 1. modify or create derivative works of the Software; + 2. distribute, assign or otherwise transfer the Software; + 3. decompile, reverse engineer, disassemble or otherwise reduce the Software + to a human-perceivable form (except as allowed by applicable law); + 4. alter or remove any copyright, trademark or patent notice(s) in the + Software; or + 5. use the Software to: (i) develop inventions directly derived from + confidential information to seek patent protection; (ii) assist in the + analysis of Your patents and patent applications; or (iii) modify existing + patents.; + 6. use, modify and/or distribute any of the Software so that any part becomes + subject to a Free Software License. + +4. FEEDBACK + +You have no obligation to give AMD any suggestions, comments or other feedback +(“Feedback”) relating to the Software. However, AMD may use and include any +Feedback that it receives from You to improve the Software or other AMD +products, software and technologies. Accordingly, for any Feedback You provide +to AMD, You grant AMD and its affiliates and subsidiaries a worldwide, +non-exclusive, irrevocable, royalty-free, perpetual license to, directly or +indirectly, use, reproduce, license, sublicense, distribute, make, have made, +sell and otherwise commercialize the Feedback in the Software or other AMD +products, software and technologies. You further agree not to provide any +Feedback that (a) You know is subject to any Intellectual Property Rights of +any third party or (b) is subject to license terms which seek to require any +products incorporating or derived from such Feedback, or other AMD intellectual +property, to be licensed to or otherwise shared with any third party. + +5. OWNERSHIP AND COPYRIGHT OF SOFTWARE + +The Software, including all Intellectual Property Rights therein, is and +remains the sole and exclusive property of AMD or its licensors, and You shall +have no right, title or interest therein except as expressly set forth in this +Agreement. You agree to prevent any unauthorized copying of the Software. All +title in and to the Software, all copies thereof (in whole or in part, and in +any form), and all rights and Intellectual Property Rights therein shall remain +vested in AMD. Except as expressly provided in Section 2 herein, AMD does not +grant any express or implied right to You under AMD patents, copyrights, +trademarks, or trade secret information. + +6. WARRANTY DISCLAIMER + +THE SOFTWARE IS PROVIDED "AS IS" 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, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE +OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK +ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU. Some jurisdictions +do not allow the exclusion of implied warranties, so the above exclusion may +not apply to You. + +7. LIMITATION OF LIABILITY AND INDEMNIFICATION + +AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR +ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES +ARISING FROM USE OF THE SOFTWARE OR THIS AGREEMENT EVEN IF AMD AND ITS +LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event +shall 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. 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 Your use of the +Software or violation of the terms and conditions of this Agreement. + +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 Software is provided with "RESTRICTED RIGHTS." Use, duplication, or +disclosure by the Government is subject to the restrictions as set forth in FAR +52.227-14 and DFAR252.227-7013, et seq., or its successor. Use of the Software +by the Government constitutes acknowledgement of AMD's proprietary rights in +them. + +10. TERMINATION OF LICENSE + +This Agreement will terminate immediately without notice from AMD or judicial +resolution if (1) You fail to comply with any provisions of this Agreement, or +(2) You provide AMD with notice that You would like to terminate this +Agreement. Upon termination of this Agreement, You must delete or destroy all +copies of the Software. Upon termination or expiration of this Agreement, all +provisions survive except for Section 2. + +11. GOVERNING LAW + +This Agreement is made under and shall be construed according to the laws of +the State of California, excluding conflicts of law rules. Each party submits +to the jurisdiction of the state and federal courts of Santa Clara County and +the Northern District of California for the purposes of this Agreement. You +acknowledge that Your breach of this Agreement may cause irreparable damage 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 PROVISIONS + +You may not assign this Agreement without the prior written consent of AMD and +any assignment without such consent 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 with respect to the Software and supersedes and merges all prior oral +and written agreements, discussions and understandings between them regarding +the subject matter of this Agreement. 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. |