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Revision 1.1 - (show annotations) (download)
Thu Aug 2 02:38:42 2007 UTC (7 years, 2 months ago) by je_fro
Branch: MAIN
CVS Tags: HEAD
Add new ATI_LICENSE.txt as AMD.

1
2 AMD Software End User License Agreement
3
4 PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
5 DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU ARE AGREEING TO
6 BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE
7 ELECTRONICALLY, SIGNIFY YOUR AGREEMENT BY CLICKING THE "AGREE/ACCEPT"
8 BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN
9 THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND (IF APPLICABLE) YOUR
10 MONEY WILL BE REFUNDED OR IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY CLICK
11 "DISAGREE/DECLINE".
12
13 1. License. Advanced Micro Devices, Inc., on behalf of itself, its
14 subsidiaries and licensors (referred collectively as "AMD") grants to you
15 the following non-exclusive, right to use the software accompanying
16 this License (hereinafter "Software") subject to the following terms and
17 limitations:
18
19
20 (a) Regardless of the media upon which it is distributed, the Software is
21 licensed to you for use solely in conjunction with AMD hardware products to
22 which the Software relates ("AMD Hardware").
23
24 (b) You own the medium on which the Software is recorded, but AMD and, if
25 applicable, its licensors retain title to the Software and related
26 documentation.
27
28 (c) You may:
29
30 i) use the Software solely in connection with the AMD Hardware on a
31 single computer;
32
33 ii) make one copy of the Software in machine-readable form for backup
34 purposes only. You must reproduce on such copy AMD's copyright notice and
35 any other proprietary legends that were on the original copy of the
36 Software;
37
38 iii) transfer all your license rights in the Software provided you must
39 also transfer a copy of this License, the backup copy of the Software,
40 the AMD Hardware and the related documentation and provided the other
41 party reads and agrees to accept the terms and conditions of this
42 License. Upon such transfer your license rights are then terminated.
43
44 (d) In addition to the license terms above, with respect to portions of
45 the Software in source code or binary form designed exclusively for use
46 with the Linux operating system ("AMD Linux Code"), you may use, display,
47 modify, copy, distribute, allow others to re-distribute, package and re-
48 package such AMD Linux Code for commercial and non-commercial purposes,
49 provided that:
50
51 i) all binary components of the AMD Linux Code are not modified in any
52 way;
53
54 ii) the AMD Linux Code is only used as part of the Software and in
55 connection with AMD Hardware;
56
57 iii) all copyright notices of AMD are reproduced and you refer to these
58 license terms;
59
60 iv) you may not offer or impose any terms on the use of AMD Linux
61 Code that alter or restrict this License; and
62
63 v) if you have modified the AMD Linux Code, such modifications will be
64 made publicly available and are licensed under the same terms provided
65 herein to AMD or any other third party without further restriction,
66 royalty or any other license requirement;
67
68 vi) to the extent there is any AMD sample or control panel source
69 code included in the AMD Linux Code, no rights are granted to modify such
70 code except for portions thereof that may be subject to third party
71 license terms that grant such rights;
72
73 vii) no rights are granted to distribute the binary form of the AMD Linux
74 Kernel Module made by linking the AMD Proprietary Kernel Library and the
75 AMD Kernel Compatibility Layer binary compiled using Linux kernel
76 headers;
77
78 viii) AMD is not obligated to provide any maintenance or technical
79 support for any code resulting from AMD Linux Code.
80
81 2. Restrictions. The Software contains copyrighted and patented material,
82 trade secrets and other proprietary material. In order to protect them,
83 and except as permitted by this license or applicable legislation, you may
84 not:
85
86 a) decompile, reverse engineer, disassemble or otherwise reduce the
87 Software to a human-perceivable form;
88
89 b) modify, network, rent, lend, loan, distribute or create derivative
90 works based upon the Software in whole or in part; or
91
92 c) electronically transmit the Software from one computer to another or
93 over a network or otherwise transfer the Software except as permitted by
94 this License.
95
96 3. Termination. This License is effective until terminated. You may
97 terminate this License at any time by destroying the Software, related
98 documentation and all copies thereof. This License will terminate
99 immediately without notice from AMD if you fail to comply with any
100 provision of this License. Upon termination you must destroy the Software,
101 related documentation and all copies thereof.
102
103 4. Government End Users. If you are acquiring the Software on behalf of
104 any unit or agency of the United States Government, the following
105 provisions apply. The Government agrees the Software and documentation
106 were developed at private expense and are provided with "RESTRICTED
107 RIGHTS". Use, duplication, or disclosure by the Government is subject to
108 restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995),
109 DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-
110 19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time
111 to time. In the event that this License, or any part thereof, is deemed
112 inconsistent with the minimum rights identified in the Restricted Rights
113 provisions, the minimum rights shall prevail.
114
115 5. No Other License. No rights or licenses are granted by AMD under this
116 License, expressly or by implication, with respect to any proprietary
117 information or patent, copyright, trade secret or other intellectual
118 property right owned or controlled by AMD, except as expressly provided in
119 this License.
120
121 6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN
122 OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM
123 VENDOR.
124
125 7. Disclaimer of Warranty on Software. You expressly acknowledge and
126 agree that use of the Software is at your sole risk. The Software and
127 related documentation are provided "AS IS" and without warranty of any kind
128 and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING,
129 BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
130 FORA PARTICULAR PURPOSE, OF QUALITY, OF QUIET ENJOYMENT AND OF NON-
131 INFRINGEMENT OF THIRD PARTY RIGHTS. AMD DOES NOT WARRANT THAT THE
132 FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
133 THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
134 DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
135 RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE,
136 AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE ORTHE
137 RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF
138 THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO
139 ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED
140 REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
141 THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR
142 AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
143 SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN
144 MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS
145 DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
146 MAY NOT APPLY TO YOU.
147
148 8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER
149 NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS,
150 OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL,
151 INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
152 BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND
153 THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE
154 OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM
155 INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR
156 OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED
157 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
158 JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
159 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
160 MAY NOT APPLY TO YOU. AMD will not be liable for 1) loss of, or damage to,
161 your records or data or 2) any damages claimed by you based on any third
162 party claim. In no event shall AMD's total liability to you for all
163 damages, losses, and causes of action (whether in contract, tort (including
164 negligence) or otherwise) exceed the amount paid by you for the Software.
165 The foregoing limitations will apply even if the above stated limitation
166 fails of its essential purpose.
167
168 9. Controlling Law and Severability. This License shall be governed by
169 and construed under the laws of the Province of Ontario, Canada without
170 reference to its conflict of law principles. Any dispute related hereto
171 will be brought only in the courts in Toronto, Ontario, Canada and such
172 courts are agreed to be the convenient forum. In the event of any
173 conflicts between foreign law, rules, and regulations, and Canadian law,
174 rules, and regulations, Canadian law, rules and regulations shall prevail
175 and govern. The United Nations Convention on Contracts for the
176 International Sale of Goods shall not apply to this License. If for any
177 reason a court of competent jurisdiction finds any provision of this
178 License or portion thereof, to be unenforceable, that provision of the
179 License shall be enforced to the maximum extent permissible so as to effect
180 the intent of the parties, and the remainder of this License shall continue
181 in full force and effect.
182
183 10. Complete Agreement. This License constitutes the entire agreement
184 between the parties with respect to the use of the Software and the related
185 documentation, and supersedes all prior or contemporaneous understandings
186 or agreements, written or oral, regarding such subject matter. No
187 amendment to or modification of this License will be binding unless in
188 writing and signed by a duly authorized representative of AMD.

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