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Revision 1.1 - (show annotations) (download)
Sun Jan 16 22:16:56 2011 UTC (3 years, 8 months ago) by flameeyes
Branch: MAIN
Add license file for AMD-provided CPU ucode.

1 Advanced Micro Devices, Inc.
2 Software License Agreement
3
4 IMPORTANT—READ CAREFULLY: Do not install, copy or use the enclosed
5 software, documentation and/or materials until you have carefully read
6 and agreed to the following terms and conditions. This is a legal
7 agreement (“Agreement”) between you (either an individual or an
8 entity) (“You”) and Advanced Micro Devices, Inc. (“AMD”).
9
10 If You do not agree to the terms of this Agreement, do not install,
11 copy or use this software, documentation or materials or any portion
12 thereof. By loading or using the software provided herewith, which
13 may include associated install scripts and online or electronic
14 documentation, or materials or any portion thereof, that is made
15 available by AMD to download from any media (collectively “Software”),
16 You agree to all of the terms of this Agreement.
17
18 1. LICENSE:
19
20 a. Subject to the terms and conditions of this Agreement, AMD grants
21 You the following non-exclusive, non-transferable, royalty-free,
22 limited copyright license to (i) download, copy and use the
23 object code version of the Software and materials associated with
24 this Agreement, including without limitation printed
25 documentation, (collectively, “Materials”) for internal use only
26 for support of AMD processors; and (ii) make and distribute
27 copies of the Materials for use only with Your products that
28 support AMD processors and in computer systems including AMD
29 processors, provided that Licensee agrees to include all
30 copyright legends and other legal notices that may appear in the
31 Software. Additionally, Licensee agrees that any distribution of
32 the Materials to a third party, must include a software license
33 agreement with terms and conditions that are at least as
34 restrictive and protective of AMD’s intellectual property rights
35 in the Materials as the terms and conditions set forth herein.
36 Except for the limited license granted herein, Licensee shall
37 have no other rights in the Materials, whether express, implied,
38 arising by estoppel or otherwise.
39
40 b. Except as expressly licensed herein, You do not have the right to
41 (i) distribute, rent, lease, sell, sublicense, assign, or
42 otherwise transfer the Materials, in whole or in part, to third
43 parties for commercial or for non-commercial use; or (ii) modify,
44 disassemble, reverse engineer, or decompile the Software, or
45 otherwise reduce any part of the Software to any human readable
46 form.
47
48 c. AMD is under no obligation to support or provide maintenance for
49 the Materials or to provide any updates or enhancements to You.
50
51 2. FEEDBACK:
52
53 You may provide AMD feedback, suggestions or opinions as to the
54 Software, its features, and desired enhancements or changes. If
55 You provide feedback, suggestions or opinions to AMD regarding any
56 new features, use, functionality, or change to the Software or any
57 materials related to the Software, You hereby agree to grant, and
58 do grant, AMD all rights needed for AMD to incorporate and
59 commercialize any new feature, use, functionality, or change at no
60 charge or encumbrance to AMD. You agree that AMD may disclose such
61 feedback, suggestions or opinions to any third party in any manner,
62 and You agree that AMD has the ability to sublicense any of the
63 foregoing rights in any feedback, suggestions or opinions or AMD
64 products or services in any form to any third party without
65 restriction.
66
67 3. OWNERSHIP AND COPYRIGHT OF MATERIALS:
68
69 You agree that the Materials are owned by AMD and/or AMD’s
70 licensors (if any), and are protected by United States and foreign
71 intellectual property laws (e.g. patent and copyright laws) and
72 international treaty provisions. You will not remove the copyright
73 notice from the Materials. You agree to prevent any unauthorized
74 copying of the Materials. All title and copyrights in and to the
75 Materials, all copies thereof (in whole or in part, and in any
76 form), and all rights therein shall remain vested in AMD. Except
77 as expressly provided herein, AMD does not grant any express or
78 implied right to You under AMD patents, copyrights, trademarks, or
79 trade secret information and such rights are reserved to AMD and/or
80 its licensors.
81
82 4. WARRANTY DISCLAIMER:
83
84 THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
85 WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
86 NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, TITLE, OR
87 FITNESS FOR ANY PARTICULAR PURPOSE, OR THOSE ARISING FROM CUSTOM OF
88 TRADE OR COURSE OF USAGE.
89
90 FOR CLARIFICATION, THE ENTIRE RISK ARISING OUT OF USE OR
91 PERFORMANCE OF THE MATERIALS REMAINS WITH YOU. AMD DOES NOT
92 WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS AS TO THE
93 CORRECTNESS, ACCURACY, COMPLETENESS, QUALITY, OR RELIABILITY OF THE
94 MATERIALS. AMD DOES NOT WARRANT THAT OPERATION OF THE MATERIALS
95 WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR
96 DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUME
97 ALL RISKS ASSOCIATED WITH THE USE OF THE MATERIALS, INCLUDING BUT
98 NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF
99 DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF
100 OPERATIONS. Some jurisdictions do not allow for the exclusion or
101 limitation of implied warranties, so the above limitations or
102 exclusions may not apply to You.
103
104 5. LIMITATION OF LIABILITY:
105
106 IN NO EVENT SHALL AMD OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND
107 AGENTS, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY
108 THIRD PARTIES IN RECEIPT OF THE MATERIALS UNDER ANY THEORY OF
109 LIABILITY, WHETHER EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING
110 HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT
111 (INCLUDING NEGLIGENCE), OR OTHERWISE FOR DAMAGES WHICH, IN THE
112 AGGREGATE EXCEED TEN DOLLARS ($10.00). IN NO EVENT SHALL AMD BE
113 LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL
114 DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS
115 INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR
116 INABILITY TO USE THE MATERIALS, EVEN IF AMD HAS BEEN ADVISED OF THE
117 POSSIBILITY OF SUCH DAMAGES. BY USING THE MATERIALS WITHOUT
118 CHARGE, YOU ACCEPT THIS ALLOCATION OF RISK. Because some
119 jurisdictions prohibit the exclusion or limitation of liability for
120 consequential or incidental damages, the above limitation may not
121 apply to You.
122
123 6. EXPORT RESTRICTIONS:
124
125 You shall adhere to all applicable U.S., European, and other export
126 laws, including but not limited to the U.S. Export Administration
127 Regulations (“EAR”), (15 C.F.R. Sections 730 through 774), and
128 E.U. Council Regulation (EC) No 1334/2000 of 22 June 2000.
129 Further, pursuant to Section 740.6 of the EAR, You hereby certify
130 that, except pursuant to a license granted by the United States
131 Department of Commerce Bureau of Industry and Security or as
132 otherwise permitted pursuant to a License Exception under the EAR,
133 You will not (1) export, re-export or release to a national of a
134 country in Country Groups D:1, E:1 or E:2 any restricted
135 technology, software, or source code it receives from AMD, or (2)
136 export to Country Groups D:1, E:1 or E:2 the direct product of such
137 technology or software, if such foreign produced direct product is
138 subject to national security controls as identified on the Commerce
139 Control List (currently found in Supplement 1 to Part 774 of
140 EAR). For the most current Country Group listings, or for
141 additional information about the EAR or Your obligations under
142 those regulations, please refer to the U.S. Bureau of Industry and
143 Security’s website at http://www.bis.doc.gov/.
144
145 7. U.S. GOVERNMENT RESTRICTED RIGHTS:
146
147 The Materials are provided with “RESTRICTED RIGHTS.” Use,
148 duplication or disclosure by the Government is subject to
149 restrictions as set forth in FAR52.227-14 and DFAR252.227-7013, et
150 seq., or its successor. Use of the Materials by the Government
151 constitutes acknowledgment of AMD’s proprietary rights in them.
152
153 8. TERMINATION OF LICENSE:
154
155 This Agreement will terminate immediately without notice from AMD
156 or judicial resolution if You fail to comply with any provisions of
157 this Agreement. Upon termination of this Agreement, You must
158 delete or destroy all copies of the Materials.
159
160 9. SURVIVAL:
161
162 Sections 1(b)-(c), 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 and 13 shall
163 survive any expiration or termination of this Agreement.
164
165 10. APPLICABLE LAWS:
166
167 Any claim arising under or relating to this Agreement shall be
168 governed by and construed in accordance with the substantive laws
169 of the State of California, without regard to principles of
170 conflict of laws. Each party hereto submits to the jurisdiction of
171 the state and federal courts of Santa Clara County and the Northern
172 District of California for the purposes of all legal proceedings
173 arising out of or relating to this Agreement or the subject matter
174 hereof. Each party waives any objection which it may have to
175 contest such forum.
176
177 11. SEVERABILITY:
178
179 Should any term of this Agreement be declared void or unenforceable
180 by any court of competent jurisdiction, such declaration shall have
181 no effect on the remaining terms hereof.
182
183
184 12. NO WAIVER:
185
186 The failure of either party to enforce any rights granted hereunder
187 or to take action against the other party in the event of any
188 breach hereunder shall not be deemed a waiver by that party as to
189 subsequent enforcement of rights or subsequent actions in the event
190 of future breaches.
191
192 13. ENTIRE AGREEMENT:
193
194 This Agreement constitutes the entire agreement between the parties
195 and supersedes any prior or contemporaneous oral or written
196 agreements with respect to the subject matter of this Agreement.

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