Advanced Micro Devices, Inc. Software License Agreement

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Advanced Micro Devices, Inc.

Software License Agreement


IMPORTANT—READ CAREFULLY: Do not load or use the 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 the object code
version only of the software obtained herewith, which may include associated install
scripts and online or electronic documentation or any portion thereof, that is made
available by AMD to download from any media (“Software”), Licensee agrees to all of the
terms of this Agreement.
1. LICENSE:
a. Subject to the terms and conditions of this Agreement, AMD grants Licensee the
following non-exclusive, non-transferable, royalty-free, limited copyright license to
download, copy and use the object code version of the Software and materials
associated with this Agreement, including without limitation printed documentation,
(collectively, “Materials”) for use only with AMD processors.
b. Subject to the terms and conditions of this Agreement, AMD grants Licensee a
non-exclusive, non-transferable, royalty-free, limited copyright license to make and
distribute the object code version of the Software provided that Licensee redistributes the
Software under this Agreement. Furthermore, any redistribution must make clear that the
recipient of such redistribution is agreeing to the terms of this Agreement and require
affirmative acceptance thereof (by way of at least a “clickwrap”) prior to any use of the
Software.
b. Except for the limited license granted herein, Licensee shall have no other rights
in the Materials, whether express, implied, arising by estoppel or otherwise. Except as
expressly set forth herein, Licensee does not have the right to (i) distribute, rent, lease,
sell, sublicense, assign, or otherwise transfer the Materials, in whole or in part, to third
parties for commercial or for non-commercial use; or (ii) 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 Materials not expressly granted to Licensee
in this Agreement are reserved to AMD.

2. FEEDBACK: Licensee may provide AMD feedback, suggestions or opinions as to the


Software, its features, and desired enhancements or changes. If Licensee provides feedback,
suggestions or opinions to AMD regarding any new features, use, functionality, or change to the
Software or any materials related to the Software, Licensee hereby agrees to grant, and does
grant, AMD all rights needed for AMD to incorporate and commercialize any new feature, use,
functionality, or change at no charge or encumbrance to AMD. Licensee agrees that AMD may
disclose such feedback, suggestions or opinions to any third party in any manner, and Licensee
agrees that AMD has the ability to sublicense any of the foregoing rights in any feedback,
suggestions or opinions or AMD products or services in any form to any third party without
restriction.

3. OWNERSHIP AND COPYRIGHT OF MATERIALS: Licensee agrees that the Materials


are owned by AMD and are 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 Materials. Licensee agrees to prevent any unauthorized copying of the
Materials. All title and copyrights in and to the Materials, 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.
4. WARRANTY DISCLAIMER: THE MATERIALS ARE PROVIDED “AS IS” WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY,
TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THOSE ARISING FROM
CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK ARISING OUT OF USE
OR PERFORMANCE OF THE MATERIALS REMAINS WITH LICENSEE.
AMD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS AS TO
THE CORRECTNESS, ACCURACY, COMPLETENESS, QUALITY, OR RELIABILITY OF THE
MATERIALS. AMD DOES NOT WARRANT THAT OPERATION OF THE MATERIALS 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 MATERIALS, 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.
5. LIMITATION OF LIABILITY: IN NO EVENT SHALL AMD OR ITS DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE
TO LICENSEE OR ANY THIRD PARTIES IN RECEIPT OF THE MATERIALS FOR
CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS,
EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMD
DOES NOT ASSUME ANY RESPONSIBILITY TO SUPPORT OR UPDATE THE MATERIALS.
BY USING THE MATERIALS 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.
6. U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials are provided with
“RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to
restrictions as set forth in FAR52.227-14 and DFAR252.227-7013, et seq., or its successor. Use
of the Materials by the Government constitutes acknowledgment of AMD’s proprietary rights in
them.
7. TERMINATION OF 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 Materials.
8. SUPPORT. Under this Agreement, AMD is under no obligation to assist in the use of the
Materials, to provide support to licensees of the Materials, or to provide maintenance, correction,
modification, enhancement, or upgrades to the Materials. If AMD determines, in its sole
discretion, to support, maintain, correct, modify, enhance, or upgrade the Software, such support,
maintenance, correction, modification, enhancement or upgrade shall be considered part of the
Materials, and shall be subject to this Agreement.
9. SURVIVAL: Sections 1(b), 2, 3, 4, 5, 6, 8, 9 and 10 shall survive any expiration or
termination of this Agreement.
10. 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 which it may have to contest such forum.
11. IMPORT/EXPORT/RE-EXPORT/USE/RELEASE/TRANSFER RESTRICTIONS AND
COMPLIANCE WITH LAWS: Licensee is hereby provided notice, and agrees and
acknowledges, that the Software, its source code, any accompanying media, material or
information, and any product of the foregoing, may be subject to restrictions on use, release,
transfer, importation, exportation and/or re-exportation under the laws and regulations of the
United States or other countries ("Applicable Laws"), which include but are not limited to U.S.
export control laws such as the Export Administration Regulations and national security controls
as defined thereunder, as well as State Department controls under the U.S. Munitions List.
Licensee further agrees that the Software, its source code, any accompanying media, material or
information, and any product of the foregoing, will not be used, released, transferred, imported,
exported and/or re-exported in any manner prohibited under Applicable Laws, including U.S.
export control laws regarding specifically designated persons, countries and nationals of
countries subject to national security controls as provided in License Exception TSR of the Export
Administration Regulations and any successor regulations.

12. 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.

13. 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.

14. 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.

If you agree to abide by the terms and conditions of this Agreement, please press “Accept.”
If you do not agree to abide by the terms and conditions of this Agreement and press “Decline,”
you may not use the Materials.

ACCEPT DECLINE

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