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

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