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