Advanced Micro Devices, Inc.
Software License Agreement
IMPORTANT -- READ CAREFULLY: Do not load this 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) ("Licensee") and Advanced Micro Devices, Inc. ("AMD"). If Licensee does not agree to the terms of this Agreement, do not install or use this Software or any portion thereof. By loading or using this software that may include associated media, printed Software, and online or electronic documentation or any portion thereof that is made available to download from this server or CD-ROM ("Software"), Licensee agrees to all of the terms of this Agreement.
LICENSE:
Subject to the terms and conditions of this Agreement, AMD grants Licensee the following non-exclusive, non-transferable, royalty-free, limited license to download and use the Software. Licensee is granted a non-exclusive, non-transferable, royalty-free, limited license to make and distribute copies of the Software, provided that Licensee agrees to include all copyright legends and other legal notices that may appear in the Software, as well as this Software License Agreement in its entirety, in each copy of the Software that is made or distributed.
Licensee will not use, copy, modify, sell or transfer any part of the Software except as expressly provided in this Agreement. Except for the limited license granted herein, Licensee shall have no other rights in the Software, whether express, implied, arising by estoppel or otherwise. Furthermore, without limiting the generality of the foregoing statements, Licensee does not have the right to (a) rent, lease, sell, sublicense, or assign the Software, in whole or in part, to third parties for commercial or for non-commercial use; or (b) modify, disassemble, reverse engineer, or decompile the Software, or otherwise reduce any part of the Software to any human readable form.
All rights in and to the Software not expressly granted to Licensee in this Agreement are reserved to AMD.
OWNERSHIP AND COPYRIGHT OF SOFTWARE: The Software is owned by AMD and is protected by United States and foreign intellectual property laws (e.g. patent and copyright laws) and international treaty provisions. Licensee will not remove the copyright notice from the Software. Licensee agrees to prevent any unauthorized copying of the Software. All title and copyrights in and to the Software, all copies thereof (in whole or in part, and in any form), and all rights therein shall remain vested in AMD. Except as expressly provided herein, AMD does not grant any express or implied right to Licensee under AMD patents, copyrights, trademarks, or trade secret information.
WARRANTY DISCLAIMER: THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH LICENSEE.
AMD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS AS TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE. AMD DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS, OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL AMD, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMD DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS THAT MAY APPEAR IN THE SOFTWARE NOR ANY RESPONSIBILITY TO SUPPORT OR UPDATE THE SOFTWARE. BY USING THE SOFTWARE WITHOUT CHARGE, YOU ACCEPT THIS ALLOCATION OF RISK. BECAUSE SOME JURSIDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013, et seq., or its successor. Use of the Software by the Government constitutes acknowledgment of AMD's proprietary rights in them.
TERMINATION OF THIS LICENSE: This Agreement will terminate immediately without notice from AMD or judicial resolution if Licensee fails to comply with any provisions of this Agreement. Upon termination of this Agreement, Licensee must delete or destroy all copies of the Software.
SUPPORT: Under this Agreement, AMD is under no obligation to assist in the use of this Software, to provide support to licensees of the Software, or to provide maintenance, correction, modification, enhancement, or upgrades to the Software. AMD may provide such support, maintenance, correction, modification, enhancement or upgrades in a media determined by AMD and AMD shall have no obligation to notify Licensee thereof. Additionally, such support, maintenance, correction, modification, enhancement, or upgrades shall be considered part of the Software, and shall be subject to this Agreement.
APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws. Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purposes of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. Each party waives any objection that it may have to contest such forum.
EXPORT ASSURANCES: Licensee agrees and certifies that neither the Software, nor any direct product thereof will be exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder without the required authorization from the United States government nor will it be used for any purpose prohibited by the same.
SEVERABILITY: Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
NO WAIVER: The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements with respect to the subject matter of this Agreement.
© 2003-2004 Advanced Micro Devices, Inc.