1  (C) 2008-2020 Advanced Micro Devices, Inc. All Rights Reserved.
  2  
  3  Advanced Micro Devices, Inc.
  4  Software License Agreement
  5  
  6  IMPORTANT-READ CAREFULLY:  Do not load or use the Software until you have
  7  carefully read and agreed to the following terms and conditions.  This is a
  8  legal agreement ("Agreement") between you (either an individual or an entity)
  9  ("Licensee") and Advanced Micro Devices, Inc. ("AMD"). If Licensee does not
 10  agree to the terms of this Agreement, do not install or use this software or
 11  any portion thereof.  By loading or using the object code version only of the
 12  software obtained herewith, which may include associated install scripts and
 13  online or electronic documentation or any portion thereof, that is made
 14  available by AMD to download from any media ("Software"), Licensee agrees to
 15  all of the terms of this Agreement.
 16  
 17  1.  LICENSE:
 18  
 19      a.  Subject to the terms and conditions of this Agreement, AMD grants
 20      Licensee the following non-exclusive, non-transferable, royalty-free,
 21      limited copyright license to download, copy, use, distribute and sublicense
 22      the foregoing rights through multiple tiers of sublicenses the object code
 23      version of the Software and materials associated with this Agreement,
 24      including without limitation printed documentation, (collectively,
 25      "Materials"), provided that Licensee agrees to include all copyright
 26      legends and other legal notices that may appear in the Materials.  The
 27      foregoing license is conditioned upon Licensee distributing the object code
 28      version of the Software only and under this software license agreement.
 29      Except for the limited license granted herein, Licensee shall have no other
 30      rights in the Materials, whether express, implied, arising by estoppel or
 31      otherwise.
 32  
 33      b.  Except as expressly set forth in Section 1(a), Licensee does not have
 34      the right to (i) distribute, rent, lease, sell, sublicense, assign, or
 35      otherwise transfer the Materials, in whole or in part, to third parties for
 36      commercial or for non-commercial use; or (ii) modify, disassemble, reverse
 37      engineer, or decompile the Software, or otherwise reduce any part of the
 38      Software to any human readable form.  All rights in and to the Materials
 39      not expressly granted to Licensee in this Agreement are reserved to AMD.
 40  
 41  2.  FEEDBACK:  Licensee may provide AMD feedback, suggestions or opinions as to
 42  the Software, its features, and desired enhancements or changes.  If Licensee
 43  provides feedback, suggestions or opinions to AMD regarding any new features,
 44  use, functionality, or change to the Software or any materials related to the
 45  Software, Licensee hereby agrees to grant, and does grant, AMD all rights
 46  needed for AMD to incorporate, modify, distribute, use and commercialize any
 47  new feature, use, functionality, or change at no charge or encumbrance to AMD.
 48  Licensee agrees that AMD may disclose such feedback, suggestions or opinions to
 49  any third party in any manner, and Licensee agrees that AMD has the ability to
 50  sublicense any of the foregoing rights in any feedback, suggestions or opinions
 51  or AMD products or services in any form to any third party without restriction.
 52  
 53  3.  OWNERSHIP AND COPYRIGHT OF MATERIALS: Licensee agrees that the Materials
 54  are owned by AMD and are protected by United States and foreign intellectual
 55  property laws (e.g. patent and copyright laws) and international treaty
 56  provisions.  Licensee will not remove the copyright notice from the Materials.
 57  Licensee agrees to prevent any unauthorized copying of the Materials.  All
 58  title and copyrights in and to the Materials, all copies thereof (in whole or
 59  in part, and in any form), and all rights therein shall remain vested in AMD.
 60  Except as expressly provided herein, AMD does not grant any express or implied
 61  right to Licensee under AMD patents, copyrights, trademarks, or trade secret
 62  information.
 63  
 64  4.  WARRANTY DISCLAIMER: THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS
 65  OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
 66  NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, TITLE, OR FITNESS FOR ANY
 67  PARTICULAR PURPOSE, OR THOSE ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE.
 68  THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MATERIALS REMAINS WITH
 69  LICENSEE.  AMD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS AS TO
 70  THE CORRECTNESS, ACCURACY, COMPLETENESS, QUALITY, OR RELIABILITY OF THE
 71  MATERIALS.
 72  
 73  AMD DOES NOT WARRANT THAT OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR
 74  ERROR-FREE.  YOU ARE RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING
 75  THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE MATERIALS,
 76  INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF
 77  DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
 78  SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF IMPLIED
 79  WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE.
 80  
 81  5.  LIMITATION OF LIABILITY:  IN NO EVENT SHALL AMD OR ITS DIRECTORS, OFFICERS,
 82  EMPLOYEES AND AGENTS, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO LICENSEE OR
 83  ANY THIRD PARTIES IN RECEIPT OF THE MATERIALS FOR CONSEQUENTIAL, INCIDENTAL,
 84  PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS,
 85  BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR
 86  INABILITY TO USE THE MATERIALS, EVEN IF AMD HAS BEEN ADVISED OF THE POSSIBILITY
 87  OF SUCH DAMAGES.  AMD DOES NOT ASSUME ANY RESPONSIBILITY TO SUPPORT OR UPDATE
 88  THE MATERIALS.  BY USING THE MATERIALS WITHOUT CHARGE, YOU ACCEPT THIS
 89  ALLOCATION OF RISK.  BECAUSE SOME JURSIDICTIONS PROHIBIT THE EXCLUSION OR
 90  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
 91  LIMITATION MAY NOT APPLY TO LICENSEE.
 92  
 93  6.  U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials are provided with
 94  "RESTRICTED RIGHTS."  Use, duplication or disclosure by the Government is
 95  subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013, et
 96  seq., or its successor.  Use of the Materials by the Government constitutes
 97  acknowledgment of AMD's proprietary rights in them.
 98  
 99  7.  TERMINATION OF LICENSE: This Agreement will terminate immediately without
100  notice from AMD or judicial resolution if Licensee fails to comply with any
101  provisions of this Agreement.  Upon termination of this Agreement, Licensee
102  must delete or destroy all copies of the Materials.
103  
104  8.  SUPPORT.  Under this Agreement, AMD is under no obligation to assist in the
105  use of the Materials, to provide support to licensees of the Materials, or to
106  provide maintenance, correction, modification, enhancement, or upgrades to the
107  Materials.  If AMD determines, in its sole discretion, to support, maintain,
108  correct, modify, enhance, or upgrade the Software, such support, maintenance,
109  correction, modification, enhancement or upgrade shall be considered part of
110  the Materials, and shall be subject to this Agreement.
111  
112  9.  SURVIVAL:  Sections 1(b), 2, 3, 4, 5, 6, and 8 through 14 shall survive any
113  expiration or termination of this Agreement.
114  
115  10. APPLICABLE LAWS:  Any claim arising under or relating to this Agreement
116  shall be governed by and construed in accordance with the substantive laws of
117  the State of California, without regard to principles of conflict of laws.
118  Each party hereto submits to the jurisdiction of the state and federal courts
119  of Santa Clara County and the Northern District of California for the purposes
120  of all legal proceedings arising out of or relating to this Agreement or the
121  subject matter hereof.  Each party waives any objection which it may have to
122  contest such forum.
123  
124  11. IMPORT/EXPORT/RE-EXPORT/USE/RELEASE/TRANSFER RESTRICTIONS AND COMPLIANCE
125  WITH LAWS:  Licensee is hereby provided notice, and agrees and acknowledges,
126  that the Software, its source code, any accompanying media, material or
127  information, and any product of the foregoing, may be subject to restrictions
128  on use, release, transfer, importation, exportation and/or re- exportation
129  under the laws and regulations of the United States or other countries
130  ("Applicable Laws"), which include but are not limited to U.S. export control
131  laws such as the Export Administration Regulations and national security
132  controls as defined thereunder, as well as State Department controls under the
133  U.S. Munitions List.  Licensee further agrees that the Software, its source
134  code, any accompanying media, material or information, and any product of the
135  foregoing, will not be used, released, transferred, imported, exported and/or
136  re-exported in any manner prohibited under Applicable Laws, including U.S.
137  export control laws regarding specifically designated persons, countries and
138  nationals of countries subject to national security controls as provided in
139  License Exception TSR of the Export Administration Regulations and any
140  successor regulations.
141  
142  12. SEVERABILITY:  Should any term of this Agreement be declared void or
143  unenforceable by any court of competent jurisdiction, such declaration shall
144  have no effect on the remaining terms hereof.
145  
146  13. NO WAIVER:  The failure of either party to enforce any rights granted
147  hereunder or to take action against the other party in the event of any breach
148  hereunder shall not be deemed a waiver by that party as to subsequent
149  enforcement of rights or subsequent actions in the event of future breaches.
150  
151  14. ENTIRE AGREEMENT:  This Agreement constitutes the entire agreement between
152  the parties and supersedes any prior or contemporaneous oral or written
153  agreements with respect to the subject matter of this Agreement.
154