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Revision 1.1 - (show annotations) (download)
Wed Sep 22 11:49:30 2004 UTC (9 years, 10 months ago) by kugelfang
Branch: MAIN
CVS Tags: HEAD
License for app-sci/acml, the AMD Core Math Library

1 LICENSE AGREEMENT
2 AMD CORE MATH LIBRARY
3
4 IMPORTANT: This is a legal agreement ("Agreement") between you, either
5 as an individual or an entity, (the "USER") and Advanced Micro Devices,
6 Inc. ("AMD"). By loading the software or any portion thereof
7 ("Software"), and any related documentation ("Documentation"), USER
8 agrees to all of the terms of this Agreement. Additionally, USER
9 remains subject to the original terms and conditions of any other
10 software license agreements entered into by USER and a third party.
11 USER is responsible for ensuring that use of the Software provided by
12 AMD is not in violation of any such agreement.
13
14 DO NOT LOAD THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ
15 AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.
16 LOADING OR OTHERWISE USING THE SOFTWARE OR DOCUMENTATION
17 CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET
18 FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
19 TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS
20 SOFTWARE, DOCUMENTATION OR ANY PORTION THEREOF.
21
22 NOW THEREFORE, the parties hereto agree as follows:
23
24 1. Definitions.
25 a. "Updates" shall mean updated versions of the Software or
26 Documentation that AMD may provide, in its sole discretion, to USER
27 from time to time under the terms and conditions of this Agreement.
28 b. "Executable Code" shall mean all software in a machine-readable,
29 binary or executable form.
30 c. "Source Code" shall mean all software in human-readable or source form.
31 d. "Licensed Materials" shall mean the Source Code and Executable Code
32 of the Software as provided to USER by AMD, including Documentation and
33 Updates.
34 e. "Effective Date" shall mean a date upon which USER uses the Software
35 or accesses the Documentation.
36
37 2. License.
38 a. Subject to the terms of this Agreement, AMD hereby grants to
39 USER a limited, non-exclusive, non-transferable, royalty-free
40 copyright license to only use the Licensed Materials for the
41 purpose of executing software on AMD64 processor-based computer
42 systems and for evaluating the performance of such software on
43 AMD64 processor-based computer systems. Except for the limited
44 licenses granted in this Section 2.a., USER shall have no other
45 rights in the Licensed Materials, whether express, implied,
46 arising by estoppel or otherwise. If USER desires to distribute
47 any of the Licensed Materials, USER shall enter into a separate
48 written agreement with AMD.
49 b. Without limiting Section 2.a. above, USER does NOT have the right:
50 (i) to modify, adapt, translate, or create derivative works based
51 upon the Licensed Materials or any part thereof; or
52 (ii) to modify, disassemble, reverse engineer, decompile, or otherwise
53 reduce to source code or any human perceivable form any part of the
54 Software or Updates thereto that are not already Source Code; or
55 (iii) to remove proprietary legends in the Licensed Materials, including
56 but not limited to legends that protect AMD's patent, trade secret,
57 copyright and other proprietary rights in the Licensed Materials.
58
59 3. Ownership and Copyright of Material.
60 The Licensed Materials are owned by AMD and its licensors and are
61 protected by United States intellectual property laws and international
62 treaty provisions. Except as expressly provided herein, AMD does not
63 grant any express or implied right to USER under AMD patents,
64 copyrights, trademarks, or trade secret information.
65
66 4. Obligations of the Parties.
67 a. Licensed Materials.
68 USER may use the Licensed Materials only in accordance with the terms
69 and conditions of this Agreement.
70 b. Feedback.
71 During the term of this Agreement, USER may inform AMD of all errors,
72 difficulties or other problems with the Licensed Materials, collectively
73 referred to as "feedback". AMD may use for any purpose whatsoever, any
74 feedback USER provides regarding the Licensed Materials, including, but
75 not limited to, usability, bug reports and test reports.
76 c. Issuance of Software.
77 AMD shall not be obligated to make the Licensed Materials publicly
78 available, in whole or in part.
79 d. Support.
80 AMD may, in its sole discretion, provide to USER Updates to the Software
81 and Documentation, and such Updates will be covered under this
82 Agreement. AMD is under no obligation to provide USER with any Updates,
83 support, or maintenance of the Software or Documentation.
84
85 5. Disclaimer of Warranty.
86 AMD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
87 PERFORMANCE OF THE LICENSED MATERIALS IN ANY WAY.
88 FURTHERMORE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE
89 WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING BUT NOT
90 LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
91 PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM USAGE OF
92 TRADE OR COURSE OF DEALING, AND ANY IMPLIED WARRANTIES OF
93 TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL AMD BE
94 LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
95 EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST
96 PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST
97 BUSINESS INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF
98 THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AMD HAS
99 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER
100 acknowledges that its use of the Software without charge
101 reflects this allocation of risk. Some states or
102 jurisdictions do not allow the exclusion or limitation of
103 incidental, consequential or special damages, or the
104 exclusion or implied warranties, and therefore, the above
105 limitations might not apply to USER. In addition to the
106 disclaimer of warranties set forth above, it is
107 understood that AMD makes no representations concerning
108 the completeness, accuracy or operation of the Licensed
109 Materials. Furthermore, USER shall have the sole
110 responsibility for adequate protection and backup of its
111 data used in connection with the licensed materials, and
112 USER shall not make any claim against AMD for lost data,
113 re-run time, inaccurate input, work delays or lost
114 profits resulting from the use of the Licensed Materials.
115
116 6. Limitation of Liability.
117 If, notwithstanding the provisions of this Agreement, AMD shall at any
118 time have any liability arising from or by virtue of this Agreement,
119 whether due to AMD's gross negligence, AMD's breach of its obligations
120 under this Agreement, or otherwise, USER agrees that in no event will
121 the total aggregate liability of AMD for any claims, losses, or
122 damages exceed $10,000. This limitation of liability is complete and
123 exclusive, shall apply even if AMD has been advised of the possibility
124 of such potential claims, losses, or damages, and shall apply
125 regardless of the success or effectiveness of any other remedies
126 possessed by USER, USER's customers, or any third parties. This
127 limitation of liability reflects an agreed upon allocation of risk
128 between AMD and USER in view of the nature of this transaction. AMD
129 assumes no liability that may arise out of the use or possession of
130 the Licensed Materials.
131
132 7. Termination.
133 This Agreement shall expire in one (1) year or within five (5)
134 business days of written notice by AMD. If USER fails to comply with
135 any of its obligations hereunder, AMD shall have the right, at any
136 time, to terminate the Agreement, and within five (5) days after
137 termination of the Agreement for any reason other than the Licensed
138 Materials being released as a standard AMD product, USER will remove
139 or certify to the destruction of, the Licensed Materials from its
140 computer systems and return to AMD the Licensed Materials in the form
141 provided by AMD.
142
143 8. General
144 a. Entire Agreement.
145 This Agreement constitutes the entire agreement between the parties
146 and supersedes all prior agreements concerning the subject matter
147 herein and may not be changed or terminated except by a written
148 communication signed by the party against whom the same is sought to
149 be enforced.
150 b. Severability.
151 If any of the provisions of this Agreement are invalid under any
152 applicable statute or rule of law, such provisions or portions thereof
153 are to that extent deemed to be omitted. The waiver or failure of
154 either party to exercise in any respect any right provided for herein
155 shall not be deemed a waiver of any further right hereunder. The
156 USER's remedies in this Agreement are exclusive.
157 c. Governing Law, Venue.
158 This Agreement shall be governed by the laws of the State of
159 California. Each party hereto submits to the jurisdiction of the
160 state and federal courts of Santa Clara County and the Northern
161 District of California for the purposes of all legal proceedings
162 arising out of or relating to this Agreement or the subject matter
163 hereof. Each party waives any objection which it may have to contest
164 such forum.
165 d. Export.
166 USER shall comply with any applicable laws regarding the use, export
167 or re-export of the Licensed Materials and any other information
168 contained herein, including all applicable regulations of the
169 U.S. Department of Commerce and/or the U.S. State Department.
170 e. Government Users.
171 If USER is a U.S. Government USER, then the Software is provided with
172 "RESTRICTED RIGHTS" as set forth in subparagraphs (c) (1) and (2) of
173 the Commercial Computer Software-Restricted Rights clause at FAR
174 52.227-14 or subparagraph (c) (1)(ii) of the Rights in Technical Data
175 and Computer Software clause at DFARS 252.277-7013, as applicable.
176 f. No waiver.
177 The failure of AMD to enforce any rights granted hereunder or to take
178 action against USER in the event of any breach hereunder shall not be
179 deemed a waiver by AMD as to subsequent enforcement of rights or
180 subsequent actions in the event of future breaches.
181
182 If you agree to abide by the terms and conditions of this Agreement,
183 please click "Accept." IF YOU DO NOT AGREE TO ABIDE BY THE TERMS
184 AND CONDITIONS OF THIS AGREEMENT AND CLICK "DECLINE," YOU MAY NOT
185 USE THE LICENSED MATERIALS AND MUST DESTROY THEM OR RETURN THEM
186 TO AMD IMMEDIATELY.

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