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187 lines
10 KiB
187 lines
10 KiB
LICENSE AGREEMENT
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AMD CORE MATH LIBRARY
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IMPORTANT: This is a legal agreement ("Agreement") between you, either
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as an individual or an entity, (the "USER") and Advanced Micro Devices,
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Inc. ("AMD"). By loading the software or any portion thereof
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("Software"), and any related documentation ("Documentation"), USER
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agrees to all of the terms of this Agreement. Additionally, USER
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remains subject to the original terms and conditions of any other
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software license agreements entered into by USER and a third party.
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USER is responsible for ensuring that use of the Software provided by
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AMD is not in violation of any such agreement.
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DO NOT LOAD THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ
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AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.
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LOADING OR OTHERWISE USING THE SOFTWARE OR DOCUMENTATION
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CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET
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FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
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TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS
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SOFTWARE, DOCUMENTATION OR ANY PORTION THEREOF.
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NOW THEREFORE, the parties hereto agree as follows:
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1. Definitions.
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a. "Updates" shall mean updated versions of the Software or
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Documentation that AMD may provide, in its sole discretion, to USER
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from time to time under the terms and conditions of this Agreement.
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b. "Executable Code" shall mean all software in a machine-readable,
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binary or executable form.
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c. "Source Code" shall mean all software in human-readable or source form.
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d. "Licensed Materials" shall mean the Source Code and Executable Code
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of the Software as provided to USER by AMD, including Documentation and
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Updates.
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e. "Effective Date" shall mean a date upon which USER uses the Software
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or accesses the Documentation.
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2. License.
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a. Subject to the terms of this Agreement, AMD hereby grants to
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USER a limited, non-exclusive, non-transferable, royalty-free
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copyright license to only use the Licensed Materials for the
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purpose of executing software on AMD64 processor-based computer
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systems and for evaluating the performance of such software on
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AMD64 processor-based computer systems. Except for the limited
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licenses granted in this Section 2.a., USER shall have no other
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rights in the Licensed Materials, whether express, implied,
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arising by estoppel or otherwise. If USER desires to distribute
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any of the Licensed Materials, USER shall enter into a separate
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written agreement with AMD.
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b. Without limiting Section 2.a. above, USER does NOT have the right:
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(i) to modify, adapt, translate, or create derivative works based
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upon the Licensed Materials or any part thereof; or
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(ii) to modify, disassemble, reverse engineer, decompile, or otherwise
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reduce to source code or any human perceivable form any part of the
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Software or Updates thereto that are not already Source Code; or
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(iii) to remove proprietary legends in the Licensed Materials, including
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but not limited to legends that protect AMD's patent, trade secret,
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copyright and other proprietary rights in the Licensed Materials.
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3. Ownership and Copyright of Material.
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The Licensed Materials are owned by AMD and its licensors and are
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protected by United States intellectual property laws and international
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treaty provisions. Except as expressly provided herein, AMD does not
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grant any express or implied right to USER under AMD patents,
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copyrights, trademarks, or trade secret information.
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4. Obligations of the Parties.
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a. Licensed Materials.
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USER may use the Licensed Materials only in accordance with the terms
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and conditions of this Agreement.
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b. Feedback.
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During the term of this Agreement, USER may inform AMD of all errors,
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difficulties or other problems with the Licensed Materials, collectively
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referred to as "feedback". AMD may use for any purpose whatsoever, any
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feedback USER provides regarding the Licensed Materials, including, but
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not limited to, usability, bug reports and test reports.
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c. Issuance of Software.
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AMD shall not be obligated to make the Licensed Materials publicly
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available, in whole or in part.
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d. Support.
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AMD may, in its sole discretion, provide to USER Updates to the Software
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and Documentation, and such Updates will be covered under this
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Agreement. AMD is under no obligation to provide USER with any Updates,
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support, or maintenance of the Software or Documentation.
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5. Disclaimer of Warranty.
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AMD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
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PERFORMANCE OF THE LICENSED MATERIALS IN ANY WAY.
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FURTHERMORE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE
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WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING BUT NOT
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LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM USAGE OF
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TRADE OR COURSE OF DEALING, AND ANY IMPLIED WARRANTIES OF
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TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL AMD BE
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LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST
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PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST
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BUSINESS INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF
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THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AMD HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER
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acknowledges that its use of the Software without charge
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reflects this allocation of risk. Some states or
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jurisdictions do not allow the exclusion or limitation of
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incidental, consequential or special damages, or the
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exclusion or implied warranties, and therefore, the above
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limitations might not apply to USER. In addition to the
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disclaimer of warranties set forth above, it is
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understood that AMD makes no representations concerning
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the completeness, accuracy or operation of the Licensed
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Materials. Furthermore, USER shall have the sole
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responsibility for adequate protection and backup of its
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data used in connection with the licensed materials, and
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USER shall not make any claim against AMD for lost data,
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re-run time, inaccurate input, work delays or lost
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profits resulting from the use of the Licensed Materials.
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6. Limitation of Liability.
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If, notwithstanding the provisions of this Agreement, AMD shall at any
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time have any liability arising from or by virtue of this Agreement,
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whether due to AMD's gross negligence, AMD's breach of its obligations
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under this Agreement, or otherwise, USER agrees that in no event will
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the total aggregate liability of AMD for any claims, losses, or
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damages exceed $10,000. This limitation of liability is complete and
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exclusive, shall apply even if AMD has been advised of the possibility
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of such potential claims, losses, or damages, and shall apply
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regardless of the success or effectiveness of any other remedies
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possessed by USER, USER's customers, or any third parties. This
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limitation of liability reflects an agreed upon allocation of risk
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between AMD and USER in view of the nature of this transaction. AMD
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assumes no liability that may arise out of the use or possession of
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the Licensed Materials.
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7. Termination.
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This Agreement shall expire in one (1) year or within five (5)
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business days of written notice by AMD. If USER fails to comply with
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any of its obligations hereunder, AMD shall have the right, at any
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time, to terminate the Agreement, and within five (5) days after
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termination of the Agreement for any reason other than the Licensed
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Materials being released as a standard AMD product, USER will remove
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or certify to the destruction of, the Licensed Materials from its
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computer systems and return to AMD the Licensed Materials in the form
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provided by AMD.
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8. General
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a. Entire Agreement.
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This Agreement constitutes the entire agreement between the parties
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and supersedes all prior agreements concerning the subject matter
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herein and may not be changed or terminated except by a written
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communication signed by the party against whom the same is sought to
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be enforced.
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b. Severability.
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If any of the provisions of this Agreement are invalid under any
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applicable statute or rule of law, such provisions or portions thereof
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are to that extent deemed to be omitted. The waiver or failure of
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either party to exercise in any respect any right provided for herein
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shall not be deemed a waiver of any further right hereunder. The
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USER's remedies in this Agreement are exclusive.
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c. Governing Law, Venue.
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This Agreement shall be governed by the laws of the State of
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California. Each party hereto submits to the jurisdiction of the
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state and federal courts of Santa Clara County and the Northern
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District of California for the purposes of all legal proceedings
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arising out of or relating to this Agreement or the subject matter
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hereof. Each party waives any objection which it may have to contest
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such forum.
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d. Export.
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USER shall comply with any applicable laws regarding the use, export
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or re-export of the Licensed Materials and any other information
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contained herein, including all applicable regulations of the
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U.S. Department of Commerce and/or the U.S. State Department.
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e. Government Users.
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If USER is a U.S. Government USER, then the Software is provided with
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"RESTRICTED RIGHTS" as set forth in subparagraphs (c) (1) and (2) of
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the Commercial Computer Software-Restricted Rights clause at FAR
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52.227-14 or subparagraph (c) (1)(ii) of the Rights in Technical Data
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and Computer Software clause at DFARS 252.277-7013, as applicable.
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f. No waiver.
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The failure of AMD to enforce any rights granted hereunder or to take
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action against USER in the event of any breach hereunder shall not be
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deemed a waiver by AMD as to subsequent enforcement of rights or
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subsequent actions in the event of future breaches.
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If you agree to abide by the terms and conditions of this Agreement,
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please click "Accept." IF YOU DO NOT AGREE TO ABIDE BY THE TERMS
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AND CONDITIONS OF THIS AGREEMENT AND CLICK "DECLINE," YOU MAY NOT
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USE THE LICENSED MATERIALS AND MUST DESTROY THEM OR RETURN THEM
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TO AMD IMMEDIATELY.
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