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1 flameeyes 1.1 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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