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+Advanced Micro Devices, Inc.
+Software License Agreement
+
+IMPORTANT—READ CAREFULLY: Do not install, copy or use the enclosed
+software, documentation and/or materials 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) (“You”) 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, documentation or materials or any portion
+thereof. By loading or using the software provided herewith, which
+may include associated install scripts and online or electronic
+documentation, or materials or any portion thereof, that is made
+available by AMD to download from any media (collectively “Software”),
+You agree to all of the terms of this Agreement.
+
+1. LICENSE:
+
+ a. Subject to the terms and conditions of this Agreement, AMD grants
+ You the following non-exclusive, non-transferable, royalty-free,
+ limited copyright license to (i) download, copy and use the
+ object code version of the Software and materials associated with
+ this Agreement, including without limitation printed
+ documentation, (collectively, “Materials”) for internal use only
+ for support of AMD processors; and (ii) make and distribute
+ copies of the Materials for use only with Your products that
+ support AMD processors and in computer systems including AMD
+ processors, provided that Licensee agrees to include all
+ copyright legends and other legal notices that may appear in the
+ Software. Additionally, Licensee agrees that any distribution of
+ the Materials to a third party, must include a software license
+ agreement with terms and conditions that are at least as
+ restrictive and protective of AMD’s intellectual property rights
+ in the Materials as the terms and conditions set forth herein.
+ 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 licensed herein, You do 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.
+
+ c. AMD is under no obligation to support or provide maintenance for
+ the Materials or to provide any updates or enhancements to You.
+
+2. FEEDBACK:
+
+ You may provide AMD feedback, suggestions or opinions as to the
+ Software, its features, and desired enhancements or changes. If
+ You provide feedback, suggestions or opinions to AMD regarding any
+ new features, use, functionality, or change to the Software or any
+ materials related to the Software, You hereby agree to grant, and
+ do grant, AMD all rights needed for AMD to incorporate and
+ commercialize any new feature, use, functionality, or change at no
+ charge or encumbrance to AMD. You agree that AMD may disclose such
+ feedback, suggestions or opinions to any third party in any manner,
+ and You agree 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:
+
+ You agree that the Materials are owned by AMD and/or AMD’s
+ licensors (if any), and are protected by United States and foreign
+ intellectual property laws (e.g. patent and copyright laws) and
+ international treaty provisions. You will not remove the copyright
+ notice from the Materials. You agree 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 You under AMD patents, copyrights, trademarks, or
+ trade secret information and such rights are reserved to AMD and/or
+ its licensors.
+
+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.
+
+ FOR CLARIFICATION, THE ENTIRE RISK ARISING OUT OF USE OR
+ PERFORMANCE OF THE MATERIALS REMAINS WITH YOU. 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 You.
+
+5. LIMITATION OF LIABILITY:
+
+ IN NO EVENT SHALL AMD OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND
+ AGENTS, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY
+ THIRD PARTIES IN RECEIPT OF THE MATERIALS UNDER ANY THEORY OF
+ LIABILITY, WHETHER EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING
+ HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT
+ (INCLUDING NEGLIGENCE), OR OTHERWISE FOR DAMAGES WHICH, IN THE
+ AGGREGATE EXCEED TEN DOLLARS ($10.00). IN NO EVENT SHALL AMD BE
+ LIABLE FOR ANY 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. BY USING THE MATERIALS WITHOUT
+ CHARGE, YOU ACCEPT THIS ALLOCATION OF RISK. Because some
+ jurisdictions prohibit the exclusion or limitation of liability for
+ consequential or incidental damages, the above limitation may not
+ apply to You.
+
+6. 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 1334/2000 of 22 June 2000.
+ 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 it receives 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/.
+
+7. 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.
+
+8. TERMINATION OF LICENSE:
+
+ This Agreement will terminate immediately without notice from AMD
+ or judicial resolution if You fail to comply with any provisions of
+ this Agreement. Upon termination of this Agreement, You must
+ delete or destroy all copies of the Materials.
+
+9. SURVIVAL:
+
+ Sections 1(b)-(c), 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 and 13 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. 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.
+
+
+12. 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.
+
+13. 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.
projects / ~andy / sunrise / commitdiff