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LICENSE AGREEMENT
AMD CORE MATH LIBRARY
IMPORTANT: This is a legal agreement ("Agreement") between you, either
as an individual or an entity, (the "USER") and Advanced Micro Devices,
Inc. ("AMD"). By loading the software or any portion thereof
("Software"), and any related documentation ("Documentation"), USER
agrees to all of the terms of this Agreement. Additionally, USER
remains subject to the original terms and conditions of any other
software license agreements entered into by USER and a third party.
USER is responsible for ensuring that use of the Software provided by
AMD is not in violation of any such agreement.
DO NOT LOAD THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ
AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.
LOADING OR OTHERWISE USING THE SOFTWARE OR DOCUMENTATION
CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS
SOFTWARE, DOCUMENTATION OR ANY PORTION THEREOF.
NOW THEREFORE, the parties hereto agree as follows:
1. Definitions.
a. "Updates" shall mean updated versions of the Software or
Documentation that AMD may provide, in its sole discretion, to USER
from time to time under the terms and conditions of this Agreement.
b. "Executable Code" shall mean all software in a machine-readable,
binary or executable form.
c. "Source Code" shall mean all software in human-readable or source form.
d. "Licensed Materials" shall mean the Source Code and Executable Code
of the Software as provided to USER by AMD, including Documentation and
Updates.
e. "Effective Date" shall mean a date upon which USER uses the Software
or accesses the Documentation.
2. License.
a. Subject to the terms of this Agreement, AMD hereby grants to
USER a limited, non-exclusive, non-transferable, royalty-free
copyright license to only use the Licensed Materials for the
purpose of executing software on AMD64 processor-based computer
systems and for evaluating the performance of such software on
AMD64 processor-based computer systems. Except for the limited
licenses granted in this Section 2.a., USER shall have no other
rights in the Licensed Materials, whether express, implied,
arising by estoppel or otherwise. If USER desires to distribute
any of the Licensed Materials, USER shall enter into a separate
written agreement with AMD.
b. Without limiting Section 2.a. above, USER does NOT have the right:
(i) to modify, adapt, translate, or create derivative works based
upon the Licensed Materials or any part thereof; or
(ii) to modify, disassemble, reverse engineer, decompile, or otherwise
reduce to source code or any human perceivable form any part of the
Software or Updates thereto that are not already Source Code; or
(iii) to remove proprietary legends in the Licensed Materials, including
but not limited to legends that protect AMD's patent, trade secret,
copyright and other proprietary rights in the Licensed Materials.
3. Ownership and Copyright of Material.
The Licensed Materials are owned by AMD and its licensors and are
protected by United States intellectual property laws and international
treaty provisions. Except as expressly provided herein, AMD does not
grant any express or implied right to USER under AMD patents,
copyrights, trademarks, or trade secret information.
4. Obligations of the Parties.
a. Licensed Materials.
USER may use the Licensed Materials only in accordance with the terms
and conditions of this Agreement.
b. Feedback.
During the term of this Agreement, USER may inform AMD of all errors,
difficulties or other problems with the Licensed Materials, collectively
referred to as "feedback". AMD may use for any purpose whatsoever, any
feedback USER provides regarding the Licensed Materials, including, but
not limited to, usability, bug reports and test reports.
c. Issuance of Software.
AMD shall not be obligated to make the Licensed Materials publicly
available, in whole or in part.
d. Support.
AMD may, in its sole discretion, provide to USER Updates to the Software
and Documentation, and such Updates will be covered under this
Agreement. AMD is under no obligation to provide USER with any Updates,
support, or maintenance of the Software or Documentation.
5. Disclaimer of Warranty.
AMD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
PERFORMANCE OF THE LICENSED MATERIALS IN ANY WAY.
FURTHERMORE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE
WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING BUT NOT
LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM USAGE OF
TRADE OR COURSE OF DEALING, AND ANY IMPLIED WARRANTIES OF
TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL AMD BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST
PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST
BUSINESS INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AMD HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER
acknowledges that its use of the Software without charge
reflects this allocation of risk. Some states or
jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, or the
exclusion or implied warranties, and therefore, the above
limitations might not apply to USER. In addition to the
disclaimer of warranties set forth above, it is
understood that AMD makes no representations concerning
the completeness, accuracy or operation of the Licensed
Materials. Furthermore, USER shall have the sole
responsibility for adequate protection and backup of its
data used in connection with the licensed materials, and
USER shall not make any claim against AMD for lost data,
re-run time, inaccurate input, work delays or lost
profits resulting from the use of the Licensed Materials.
6. Limitation of Liability.
If, notwithstanding the provisions of this Agreement, AMD shall at any
time have any liability arising from or by virtue of this Agreement,
whether due to AMD's gross negligence, AMD's breach of its obligations
under this Agreement, or otherwise, USER agrees that in no event will
the total aggregate liability of AMD for any claims, losses, or
damages exceed $10,000. This limitation of liability is complete and
exclusive, shall apply even if AMD has been advised of the possibility
of such potential claims, losses, or damages, and shall apply
regardless of the success or effectiveness of any other remedies
possessed by USER, USER's customers, or any third parties. This
limitation of liability reflects an agreed upon allocation of risk
between AMD and USER in view of the nature of this transaction. AMD
assumes no liability that may arise out of the use or possession of
the Licensed Materials.
7. Termination.
This Agreement shall expire in one (1) year or within five (5)
business days of written notice by AMD. If USER fails to comply with
any of its obligations hereunder, AMD shall have the right, at any
time, to terminate the Agreement, and within five (5) days after
termination of the Agreement for any reason other than the Licensed
Materials being released as a standard AMD product, USER will remove
or certify to the destruction of, the Licensed Materials from its
computer systems and return to AMD the Licensed Materials in the form
provided by AMD.
8. General
a. Entire Agreement.
This Agreement constitutes the entire agreement between the parties
and supersedes all prior agreements concerning the subject matter
herein and may not be changed or terminated except by a written
communication signed by the party against whom the same is sought to
be enforced.
b. Severability.
If any of the provisions of this Agreement are invalid under any
applicable statute or rule of law, such provisions or portions thereof
are to that extent deemed to be omitted. The waiver or failure of
either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further right hereunder. The
USER's remedies in this Agreement are exclusive.
c. Governing Law, Venue.
This Agreement shall be governed by the laws of the State of
California. Each party hereto submits to the jurisdiction of the
state and federal courts of Santa Clara County and the Northern
District of California for the purposes of all legal proceedings
arising out of or relating to this Agreement or the subject matter
hereof. Each party waives any objection which it may have to contest
such forum.
d. Export.
USER shall comply with any applicable laws regarding the use, export
or re-export of the Licensed Materials and any other information
contained herein, including all applicable regulations of the
U.S. Department of Commerce and/or the U.S. State Department.
e. Government Users.
If USER is a U.S. Government USER, then the Software is provided with
"RESTRICTED RIGHTS" as set forth in subparagraphs (c) (1) and (2) of
the Commercial Computer Software-Restricted Rights clause at FAR
52.227-14 or subparagraph (c) (1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.277-7013, as applicable.
f. No waiver.
The failure of AMD to enforce any rights granted hereunder or to take
action against USER in the event of any breach hereunder shall not be
deemed a waiver by AMD as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
If you agree to abide by the terms and conditions of this Agreement,
please click "Accept." IF YOU DO NOT AGREE TO ABIDE BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT AND CLICK "DECLINE," YOU MAY NOT
USE THE LICENSED MATERIALS AND MUST DESTROY THEM OR RETURN THEM
TO AMD IMMEDIATELY.
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