| 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. |