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