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178 lines
9.4 KiB
178 lines
9.4 KiB
END USER LICENSE AGREEMENT
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(AMD GPU-PRO)
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IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE,
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DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY
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"SOFTWARE") UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND
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CONDITIONS. THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER AN
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INDIVIDUAL OR AN ENTITY) (COLLECTIVELY "YOU" AND "YOUR") AND ADVANCED MICRO
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DEVICES, INC. ("AMD").
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IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE
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THIS SOFTWARE. BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL
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THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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1. DEFINITIONS
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1. “Documentation” means install scripts and online or electronic
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documentation associated, included, or provided in connection with the
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Software, or any portion thereof.
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2. “Intellectual Property Rights” means all copyrights, trademarks, trade
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secrets, patents, mask works, and all related, similar, or other
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intellectual property rights recognized in any jurisdiction worldwide,
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including all applications and registrations with respect thereto.
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3. “Free Software License” means an open source or other license that
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requires, as a condition of use, modification or distribution, that any
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resulting software must be (a) disclosed or distributed in source code
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form; (b) licensed for the purpose of making derivative works; or (c)
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redistributable at no charge.
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2. LICENSE
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Subject to the terms and conditions of this Agreement, AMD hereby grants You a
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non-exclusive, royalty-free, revocable, non-transferable, limited, copyright
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license to use the Software solely in conjunction with systems or components
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that include or incorporate AMD processors, as applicable.
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3. RESTRICTIONS
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Except for the limited license expressly granted in Section 2 herein, You have
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no other rights in the Software, whether express, implied, arising by estoppel
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or otherwise. Further restrictions regarding Your use of the Software are set
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forth below. You may not:
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1. modify or create derivative works of the Software;
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2. distribute, assign or otherwise transfer the Software;
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3. decompile, reverse engineer, disassemble or otherwise reduce the Software
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to a human-perceivable form (except as allowed by applicable law);
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4. alter or remove any copyright, trademark or patent notice(s) in the
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Software; or
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5. use the Software to: (i) develop inventions directly derived from
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confidential information to seek patent protection; (ii) assist in the
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analysis of Your patents and patent applications; or (iii) modify existing
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patents.;
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6. use, modify and/or distribute any of the Software so that any part becomes
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subject to a Free Software License.
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4. FEEDBACK
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You have no obligation to give AMD any suggestions, comments or other feedback
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(“Feedback”) relating to the Software. However, AMD may use and include any
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Feedback that it receives from You to improve the Software or other AMD
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products, software and technologies. Accordingly, for any Feedback You provide
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to AMD, You grant AMD and its affiliates and subsidiaries a worldwide,
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non-exclusive, irrevocable, royalty-free, perpetual license to, directly or
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indirectly, use, reproduce, license, sublicense, distribute, make, have made,
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sell and otherwise commercialize the Feedback in the Software or other AMD
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products, software and technologies. You further agree not to provide any
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Feedback that (a) You know is subject to any Intellectual Property Rights of
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any third party or (b) is subject to license terms which seek to require any
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products incorporating or derived from such Feedback, or other AMD intellectual
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property, to be licensed to or otherwise shared with any third party.
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5. OWNERSHIP AND COPYRIGHT OF SOFTWARE
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The Software, including all Intellectual Property Rights therein, is and
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remains the sole and exclusive property of AMD or its licensors, and You shall
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have no right, title or interest therein except as expressly set forth in this
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Agreement. You agree to prevent any unauthorized copying of the Software. All
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title in and to the Software, all copies thereof (in whole or in part, and in
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any form), and all rights and Intellectual Property Rights therein shall remain
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vested in AMD. Except as expressly provided in Section 2 herein, AMD does not
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grant any express or implied right to You under AMD patents, copyrights,
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trademarks, or trade secret information.
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6. WARRANTY DISCLAIMER
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THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS
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ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO
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THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
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TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE
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OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK
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ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU. Some jurisdictions
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do not allow the exclusion of implied warranties, so the above exclusion may
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not apply to You.
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7. LIMITATION OF LIABILITY AND INDEMNIFICATION
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AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR
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ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
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ARISING FROM USE OF THE SOFTWARE OR THIS AGREEMENT EVEN IF AMD AND ITS
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LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
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shall AMD's total liability to You for all damages, losses, and causes of
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action (whether in contract, tort (including negligence) or otherwise) exceed
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the amount of $100 USD. You agree to defend, indemnify and hold harmless AMD
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and its licensors, and any of their directors, officers, employees, affiliates
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or agents from and against any and all loss, damage, liability and other
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expenses (including reasonable attorneys' fees), resulting from Your use of the
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Software or violation of the terms and conditions of this Agreement.
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8. EXPORT RESTRICTIONS
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You shall adhere to all applicable U.S., European, and other export laws,
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including but not limited to the U.S. Export Administration Regulations
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("EAR"), (15 C.F.R. Sections 730 through 774), and E.U. Council Regulation (EC)
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No 428/2009 of 5 May 2009. Further, pursuant to Section 740.6 of the EAR, You
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hereby certify that, except pursuant to a license granted by the United States
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Department of Commerce Bureau of Industry and Security or as otherwise
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permitted pursuant to a License Exception under the EAR, You will not (1)
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export, re-export or release to a national of a country in Country Groups D:1,
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E:1 or E:2 any restricted technology, software, or source code You receive from
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AMD, or (2) export to Country Groups D:1, E:1 or E:2 the direct product of such
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technology or software, if such foreign produced direct product is subject to
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national security controls as identified on the Commerce Control List
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(currently found in Supplement 1 to Part 774 of EAR). For the most current
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Country Group listings, or for additional information about the EAR or Your
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obligations under those regulations, please refer to the U.S. Bureau of
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Industry and Security's website at http://www.bis.doc.gov/.
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9. U.S. GOVERNMENT RESTRICTED RIGHTS
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The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or
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disclosure by the Government is subject to the restrictions as set forth in FAR
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52.227-14 and DFAR252.227-7013, et seq., or its successor. Use of the Software
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by the Government constitutes acknowledgement of AMD's proprietary rights in
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them.
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10. TERMINATION OF LICENSE
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This Agreement will terminate immediately without notice from AMD or judicial
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resolution if (1) You fail to comply with any provisions of this Agreement, or
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(2) You provide AMD with notice that You would like to terminate this
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Agreement. Upon termination of this Agreement, You must delete or destroy all
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copies of the Software. Upon termination or expiration of this Agreement, all
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provisions survive except for Section 2.
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11. GOVERNING LAW
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This Agreement is made under and shall be construed according to the laws of
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the State of California, excluding conflicts of law rules. Each party submits
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to the jurisdiction of the state and federal courts of Santa Clara County and
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the Northern District of California for the purposes of this Agreement. You
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acknowledge that Your breach of this Agreement may cause irreparable damage and
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agree that AMD shall be entitled to seek injunctive relief under this
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Agreement, as well as such further relief as may be granted by a court of
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competent jurisdiction.
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12. GENERAL PROVISIONS
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You may not assign this Agreement without the prior written consent of AMD and
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any assignment without such consent will be null and void. The parties do not
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intend that any agency or partnership relationship be created between them by
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this Agreement. Each provision of this Agreement shall be interpreted in such a
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manner as to be effective and valid under applicable law. However, in the event
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that any provision of this Agreement becomes or is declared unenforceable by
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any court of competent jurisdiction, such provision shall be deemed deleted and
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the remainder of this Agreement shall remain in full force and effect.
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13. ENTIRE AGREEMENT
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This Agreement sets forth the entire agreement and understanding between the
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parties with respect to the Software and supersedes and merges all prior oral
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and written agreements, discussions and understandings between them regarding
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the subject matter of this Agreement. No waiver or modification of any
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provision of this Agreement shall be binding unless made in writing and signed
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by an authorized representative of each party.
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