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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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