path: root/licenses/AMD-GPU-PRO-EULA

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.