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Revision 1.1 - (show annotations) (download)
Thu Aug 2 02:38:42 2007 UTC (10 years, 3 months ago) by je_fro
Branch: MAIN
CVS Tags: HEAD
Add new ATI_LICENSE.txt as AMD.

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

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