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AMD Software End User License Agreement
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:
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.
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