LICENSE.TXT 10 KB

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  1. AMD Software End User License Agreement
  2. PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
  3. DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU ARE AGREEING TO
  4. BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE
  5. ELECTRONICALLY, SIGNIFY YOUR AGREEMENT BY CLICKING THE "AGREE/ACCEPT"
  6. BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN
  7. THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND (IF APPLICABLE) YOUR
  8. MONEY WILL BE REFUNDED OR IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY CLICK
  9. "DISAGREE/DECLINE".
  10. 1. License. Advanced Micro Devices, Inc., on behalf of itself, its
  11. subsidiaries and licensors (referred collectively as "AMD") grants to you
  12. the following non-exclusive, right to use the software accompanying
  13. this License (hereinafter "Software") subject to the following terms and
  14. limitations:
  15. (a) Regardless of the media upon which it is distributed, the Software is
  16. licensed to you for use solely in conjunction with AMD hardware products to
  17. which the Software relates ("AMD Hardware").
  18. (b) You own the medium on which the Software is recorded, but AMD and, if
  19. applicable, its licensors retain title to the Software and related
  20. documentation.
  21. (c) You may:
  22. i) use the Software solely in connection with the AMD Hardware on a
  23. single computer;
  24. ii) make one copy of the Software in machine-readable form for backup
  25. purposes only. You must reproduce on such copy AMD's copyright notice and
  26. any other proprietary legends that were on the original copy of the
  27. Software;
  28. iii) transfer all your license rights in the Software provided you must
  29. also transfer a copy of this License, the backup copy of the Software,
  30. the AMD Hardware and the related documentation and provided the other
  31. party reads and agrees to accept the terms and conditions of this
  32. License. Upon such transfer your license rights are then terminated.
  33. (d) In addition to the license terms above, with respect to portions of
  34. the Software in source code or binary form designed exclusively for use
  35. with the Linux operating system ("AMD Linux Code"), you may use, display,
  36. modify, copy, distribute, allow others to re-distribute, package and re-
  37. package such AMD Linux Code for commercial and non-commercial purposes,
  38. provided that:
  39. i) all binary components of the AMD Linux Code are not modified in any
  40. way;
  41. ii) the AMD Linux Code is only used as part of the Software and in
  42. connection with AMD Hardware;
  43. iii) all copyright notices of AMD are reproduced and you refer to these
  44. license terms;
  45. iv) you may not offer or impose any terms on the use of AMD Linux
  46. Code that alter or restrict this License; and
  47. v) if you have modified the AMD Linux Code, such modifications will be
  48. made publicly available and are licensed under the same terms provided
  49. herein to AMD or any other third party without further restriction,
  50. royalty or any other license requirement;
  51. vi) to the extent there is any AMD sample or control panel source
  52. code included in the AMD Linux Code, no rights are granted to modify such
  53. code except for portions thereof that may be subject to third party
  54. license terms that grant such rights;
  55. vii) no rights are granted to distribute the binary form of the AMD Linux
  56. Kernel Module made by linking the AMD Proprietary Kernel Library and the
  57. AMD Kernel Compatibility Layer binary compiled using Linux kernel
  58. headers;
  59. viii) AMD is not obligated to provide any maintenance or technical
  60. support for any code resulting from AMD Linux Code.
  61. 2. Restrictions. The Software contains copyrighted and patented material,
  62. trade secrets and other proprietary material. In order to protect them,
  63. and except as permitted by this license or applicable legislation, you may
  64. not:
  65. a) decompile, reverse engineer, disassemble or otherwise reduce the
  66. Software to a human-perceivable form;
  67. b) modify, network, rent, lend, loan, distribute or create derivative
  68. works based upon the Software in whole or in part; or
  69. c) electronically transmit the Software from one computer to another or
  70. over a network or otherwise transfer the Software except as permitted by
  71. this License.
  72. 3. Termination. This License is effective until terminated. You may
  73. terminate this License at any time by destroying the Software, related
  74. documentation and all copies thereof. This License will terminate
  75. immediately without notice from AMD if you fail to comply with any
  76. provision of this License. Upon termination you must destroy the Software,
  77. related documentation and all copies thereof.
  78. 4. Government End Users. If you are acquiring the Software on behalf of
  79. any unit or agency of the United States Government, the following
  80. provisions apply. The Government agrees the Software and documentation
  81. were developed at private expense and are provided with "RESTRICTED
  82. RIGHTS". Use, duplication, or disclosure by the Government is subject to
  83. restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995),
  84. DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-
  85. 19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time
  86. to time. In the event that this License, or any part thereof, is deemed
  87. inconsistent with the minimum rights identified in the Restricted Rights
  88. provisions, the minimum rights shall prevail.
  89. 5. No Other License. No rights or licenses are granted by AMD under this
  90. License, expressly or by implication, with respect to any proprietary
  91. information or patent, copyright, trade secret or other intellectual
  92. property right owned or controlled by AMD, except as expressly provided in
  93. this License.
  94. 6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN
  95. OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM
  96. VENDOR.
  97. 7. Disclaimer of Warranty on Software. You expressly acknowledge and
  98. agree that use of the Software is at your sole risk. The Software and
  99. related documentation are provided "AS IS" and without warranty of any kind
  100. and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING,
  101. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
  102. FORA PARTICULAR PURPOSE, OF QUALITY, OF QUIET ENJOYMENT AND OF NON-
  103. INFRINGEMENT OF THIRD PARTY RIGHTS. AMD DOES NOT WARRANT THAT THE
  104. FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
  105. THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
  106. DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
  107. RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE,
  108. AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE ORTHE
  109. RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF
  110. THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO
  111. ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED
  112. REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
  113. THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR
  114. AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
  115. SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN
  116. MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS
  117. DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
  118. MAY NOT APPLY TO YOU.
  119. 8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER
  120. NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS,
  121. OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL,
  122. INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
  123. BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND
  124. THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE
  125. OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM
  126. INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR
  127. OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED
  128. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
  129. JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
  130. INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
  131. MAY NOT APPLY TO YOU. AMD will not be liable for 1) loss of, or damage to,
  132. your records or data or 2) any damages claimed by you based on any third
  133. party claim. In no event shall AMD's total liability to you for all
  134. damages, losses, and causes of action (whether in contract, tort (including
  135. negligence) or otherwise) exceed the amount paid by you for the Software.
  136. The foregoing limitations will apply even if the above stated limitation
  137. fails of its essential purpose.
  138. 9. Controlling Law and Severability. This License shall be governed by
  139. and construed under the laws of the Province of Ontario, Canada without
  140. reference to its conflict of law principles. Any dispute related hereto
  141. will be brought only in the courts in Toronto, Ontario, Canada and such
  142. courts are agreed to be the convenient forum. In the event of any
  143. conflicts between foreign law, rules, and regulations, and Canadian law,
  144. rules, and regulations, Canadian law, rules and regulations shall prevail
  145. and govern. The United Nations Convention on Contracts for the
  146. International Sale of Goods shall not apply to this License. If for any
  147. reason a court of competent jurisdiction finds any provision of this
  148. License or portion thereof, to be unenforceable, that provision of the
  149. License shall be enforced to the maximum extent permissible so as to effect
  150. the intent of the parties, and the remainder of this License shall continue
  151. in full force and effect.
  152. 10. Complete Agreement. This License constitutes the entire agreement
  153. between the parties with respect to the use of the Software and the related
  154. documentation, and supersedes all prior or contemporaneous understandings
  155. or agreements, written or oral, regarding such subject matter. No
  156. amendment to or modification of this License will be binding unless in
  157. writing and signed by a duly authorized representative of AMD.