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| AMD Software End User License Agreement |
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| PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY |
| DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU ARE AGREEING TO |
| BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE |
| ELECTRONICALLY, SIGNIFY YOUR AGREEMENT BY CLICKING THE "AGREE/ACCEPT" |
| BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN |
| THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND (IF APPLICABLE) YOUR |
| MONEY WILL BE REFUNDED OR IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY CLICK |
| "DISAGREE/DECLINE". |
| |
| 1. License. Advanced Micro Devices, Inc., on behalf of itself, its |
| subsidiaries and licensors (referred collectively as "AMD") grants to you |
| the following non-exclusive, right to use the software accompanying |
| this License (hereinafter "Software") subject to the following terms and |
| limitations: |
| |
| |
| (a) Regardless of the media upon which it is distributed, the Software is |
| licensed to you for use solely in conjunction with AMD hardware products to |
| which the Software relates ("AMD Hardware"). |
| |
| (b) You own the medium on which the Software is recorded, but AMD and, if |
| applicable, its licensors retain title to the Software and related |
| documentation. |
| |
| (c) You may: |
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| i) use the Software solely in connection with the AMD Hardware on a |
| single computer; |
| |
| ii) make one copy of the Software in machine-readable form for backup |
| purposes only. You must reproduce on such copy AMD's copyright notice and |
| any other proprietary legends that were on the original copy of the |
| Software; |
| |
| iii) transfer all your license rights in the Software provided you must |
| also transfer a copy of this License, the backup copy of the Software, |
| the AMD Hardware and the related documentation and provided the other |
| party reads and agrees to accept the terms and conditions of this |
| License. Upon such transfer your license rights are then terminated. |
| |
| (d) In addition to the license terms above, with respect to portions of |
| the Software in source code or binary form designed exclusively for use |
| with the Linux operating system ("AMD Linux Code"), you may use, display, |
| modify, copy, distribute, allow others to re-distribute, package and re- |
| package such AMD Linux Code for commercial and non-commercial purposes, |
| provided that: |
| |
| i) all binary components of the AMD Linux Code are not modified in any |
| way; |
| |
| ii) the AMD Linux Code is only used as part of the Software and in |
| connection with AMD Hardware; |
| |
| iii) all copyright notices of AMD are reproduced and you refer to these |
| license terms; |
| |
| iv) you may not offer or impose any terms on the use of AMD Linux |
| Code that alter or restrict this License; and |
| |
| v) if you have modified the AMD Linux Code, such modifications will be |
| made publicly available and are licensed under the same terms provided |
| herein to AMD or any other third party without further restriction, |
| royalty or any other license requirement; |
| |
| vi) to the extent there is any AMD sample or control panel source |
| code included in the AMD Linux Code, no rights are granted to modify such |
| code except for portions thereof that may be subject to third party |
| license terms that grant such rights; |
| |
| vii) no rights are granted to distribute the binary form of the AMD Linux |
| Kernel Module made by linking the AMD Proprietary Kernel Library and the |
| AMD Kernel Compatibility Layer binary compiled using Linux kernel |
| headers; |
| |
| viii) AMD is not obligated to provide any maintenance or technical |
| support for any code resulting from AMD Linux Code. |
| |
| 2. Restrictions. The Software contains copyrighted and patented material, |
| trade secrets and other proprietary material. In order to protect them, |
| and except as permitted by this license or applicable legislation, you may |
| not: |
| |
| a) decompile, reverse engineer, disassemble or otherwise reduce the |
| Software to a human-perceivable form; |
| |
| b) modify, network, rent, lend, loan, distribute or create derivative |
| works based upon the Software in whole or in part; or |
| |
| c) electronically transmit the Software from one computer to another or |
| over a network or otherwise transfer the Software except as permitted by |
| this License. |
| |
| 3. Termination. This License is effective until terminated. You may |
| terminate this License at any time by destroying the Software, related |
| documentation and all copies thereof. This License will terminate |
| immediately without notice from AMD if you fail to comply with any |
| provision of this License. Upon termination you must destroy the Software, |
| related documentation and all copies thereof. |
| |
| 4. Government End Users. If you are acquiring the Software on behalf of |
| any unit or agency of the United States Government, the following |
| provisions apply. The Government agrees the Software and documentation |
| were developed at private expense and are provided with "RESTRICTED |
| RIGHTS". Use, duplication, or disclosure by the Government is subject to |
| restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), |
| DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227- |
| 19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time |
| to time. In the event that this License, or any part thereof, is deemed |
| inconsistent with the minimum rights identified in the Restricted Rights |
| provisions, the minimum rights shall prevail. |
| |
| 5. No Other License. No rights or licenses are granted by AMD under this |
| License, expressly or by implication, with respect to any proprietary |
| information or patent, copyright, trade secret or other intellectual |
| property right owned or controlled by AMD, except as expressly provided in |
| this License. |
| |
| 6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN |
| OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM |
| VENDOR. |
| |
| 7. Disclaimer of Warranty on Software. You expressly acknowledge and |
| agree that use of the Software is at your sole risk. The Software and |
| related documentation are provided "AS IS" and without warranty of any kind |
| and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, |
| BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS |
| FORA PARTICULAR PURPOSE, OF QUALITY, OF QUIET ENJOYMENT AND OF NON- |
| INFRINGEMENT OF THIRD PARTY RIGHTS. AMD DOES NOT WARRANT THAT THE |
| FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT |
| THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT |
| DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE |
| RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, |
| AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE ORTHE |
| RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF |
| THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO |
| ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED |
| REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF |
| THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR |
| AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY |
| SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN |
| MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS |
| DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION |
| MAY NOT APPLY TO YOU. |
| |
| 8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER |
| NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, |
| OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, |
| INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF |
| BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND |
| THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE |
| OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM |
| INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR |
| OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED |
| REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME |
| JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR |
| INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION |
| MAY NOT APPLY TO YOU. AMD will not be liable for 1) loss of, or damage to, |
| your records or data or 2) any damages claimed by you based on any third |
| party claim. 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 paid by you for the Software. |
| The foregoing limitations will apply even if the above stated limitation |
| fails of its essential purpose. |
| |
| 9. Controlling Law and Severability. This License shall be governed by |
| and construed under the laws of the Province of Ontario, Canada without |
| reference to its conflict of law principles. Any dispute related hereto |
| will be brought only in the courts in Toronto, Ontario, Canada and such |
| courts are agreed to be the convenient forum. In the event of any |
| conflicts between foreign law, rules, and regulations, and Canadian law, |
| rules, and regulations, Canadian law, rules and regulations shall prevail |
| and govern. The United Nations Convention on Contracts for the |
| International Sale of Goods shall not apply to this License. If for any |
| reason a court of competent jurisdiction finds any provision of this |
| License or portion thereof, to be unenforceable, that provision of the |
| License shall be enforced to the maximum extent permissible so as to effect |
| the intent of the parties, and the remainder of this License shall continue |
| in full force and effect. |
| |
| 10. Complete Agreement. This License constitutes the entire agreement |
| between the parties with respect to the use of the Software and the related |
| documentation, and supersedes all prior or contemporaneous understandings |
| or agreements, written or oral, regarding such subject matter. No |
| amendment to or modification of this License will be binding unless in |
| writing and signed by a duly authorized representative of AMD. |