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author | Danny van Dyk <kugelfang@gentoo.org> | 2004-09-22 11:49:30 +0000 |
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committer | Danny van Dyk <kugelfang@gentoo.org> | 2004-09-22 11:49:30 +0000 |
commit | 0530ea345555a7175d8752e73a5e697bd11bcbc5 (patch) | |
tree | 97033c53dc4a5740443ea8e5fc105cf557bed472 /licenses | |
parent | ~ia64 (diff) | |
download | historical-0530ea345555a7175d8752e73a5e697bd11bcbc5.tar.gz historical-0530ea345555a7175d8752e73a5e697bd11bcbc5.tar.bz2 historical-0530ea345555a7175d8752e73a5e697bd11bcbc5.zip |
License for app-sci/acml, the AMD Core Math Library
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/ACML | 186 |
1 files changed, 186 insertions, 0 deletions
diff --git a/licenses/ACML b/licenses/ACML new file mode 100644 index 000000000000..cdc214d74b41 --- /dev/null +++ b/licenses/ACML @@ -0,0 +1,186 @@ +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. |