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authorDanny van Dyk <kugelfang@gentoo.org>2004-09-22 11:49:30 +0000
committerDanny van Dyk <kugelfang@gentoo.org>2004-09-22 11:49:30 +0000
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License for app-sci/acml, the AMD Core Math Library
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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.