IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THIS AMD SOFTWARE, DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY "SOFTWARE") UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) (COLLECTIVELY "YOU" AND "YOUR") AND ADVANCED MICRO DEVICES, INC. ("AMD").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THIS SOFTWARE. BY PROVIDING ELECTRONIC ACCEPTANCE BY CLICKING THE “ACCEPT” BUTTON, OR BY INSTALLING, COPYING OR USING THE SOFTWARE, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THE TERMS OF THS LICENSE WILL GOVERN ANY UPGRADES OR UPDATES OF THIS SOFTWARE PROVIDED BY OR ON BEHALF OF AMD, UNLESS SUCH UPGRADE OR UPDATE IS ACCOMPANIED BY A SEPARATE LICENSE, IN WHICH CASE THE TERMS OF THAT LICENSE WILL GOVERN.
DEFINITIONS
“Documentation” means install scripts and online or electronic documentation associated, included, or provided in connection with the Software, or any portion thereof.
“Intellectual Property Rights” means all copyrights, trademarks, trade secrets, patents, mask works, and all related, similar, or other intellectual property rights recognized in any jurisdiction worldwide, including all applications and registrations with respect thereto.
LICENSE
Subject to the terms and conditions of this Agreement, AMD hereby grants You a non-exclusive, royalty-free, revocable, non-transferable, non-sublicensable, limited, copyright license to use the Software solely in conjunction with systems or components that include or incorporate AMD processors, as applicable.
RESTRICTIONS
Except for the limited license expressly granted in the “License” section herein, You have no other rights in the Software, whether express, implied, arising by estoppel or otherwise. Further restrictions regarding Your use of the Software are set forth below. You may not:
modify or create derivative works of the Software;
reproduce, distribute, publish, display, sublicense, assign or otherwise transfer the Software;
decompile, reverse engineer, disassemble, decrypt, modify, or otherwise reduce the Software to a human-perceivable form, or otherwise seek to derive or discover the source code of the Software (except as allowed by applicable law);
alter or remove any copyright, trademark or patent notice(s) in the Software; or
use the Software to: (i) develop inventions directly derived from confidential information to seek patent protection; (ii) assist in the analysis of Your patents and patent applications; or (iii) modify existing patents.
FEEDBACK
You have no obligation to give AMD any suggestions, comments or other feedback (“Feedback”) relating to the Software. However, AMD may use and include any Feedback that it receives from You to improve the Software or other AMD products, software and technologies. Accordingly, for any Feedback You provide to AMD, You grant AMD and its affiliates and subsidiaries a worldwide, non-exclusive, irrevocable, royalty-free, perpetual license to, directly or indirectly, use, reproduce, license, sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback in the Software or other AMD products, software and technologies. You further agree not to provide any Feedback that: (a) You know is subject to any Intellectual Property Rights of any third party, or (b) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other AMD intellectual property, to be licensed to or otherwise shared with any third party.
OWNERSHIP AND COPYRIGHT OF SOFTWARE
The Software, including all Intellectual Property Rights therein and all copies thereof, is and remains the sole and exclusive property of AMD or its licensors, and You shall have no right, title or interest therein except as expressly set forth in this Agreement. Except as expressly provided in “License” section herein, AMD does not grant any express or implied right to You under AMD patents, copyrights, trademarks, or trade secret information.
WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You, but only to the extent required by law.
LIMITATION OF LIABILITY AND INDEMNIFICATION
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM POSSESSION OR USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT EVEN IF AMD AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES DUE TO LOST OR MISAPPROPRIATED DATA, LOST PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHTSOEVER. In no event shall AMD's total liability to You for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount of $50 USD. You agree to defend, indemnify and hold harmless AMD, its subsidiaries and affiliates and their respective licensors, directors, officers, employees, affiliates or agents from and against any and all loss, damage, liability and other expenses (including reasonable attorneys' fees), resulting from Your possession or use of the Software or violation of the terms and conditions of this Agreement.
EXPORT RESTRICTIONS
Licensee shall adhere to all applicable U.S. import/export laws and regulations, as well as the import/export control laws and regulations of other countries as applicable. Licensee further agrees they will not export, re-export, or transfer, directly or indirectly, any product, technical data, software or source code received from AMD under this license, or the direct product of such technical data or software to any country for which the United States or any other applicable government requires an export license or other governmental approval without first obtaining such licenses or approvals, or in violation of any applicable laws or regulations of the United States or the country where the technical data or software was obtained. Licensee acknowledges the technical data and software received will not, in the absence of authorization from U.S. or local law and regulations as applicable, be used by or exported, re-exported or transferred to: (i) any sanctioned or embargoed country, or to nationals or residents of such countries; (ii) any restricted end-user as identified on any applicable government end-user list; or (iii) any party where the end-use involves nuclear, chemical/biological weapons, rocket systems, or unmanned air vehicles. For the most current Country Group listings, or for additional information about the EAR or Licensee’s obligations under those regulations, please refer to the U.S. Bureau of Industry and Security’s website at http://www.bis.doc.gov/
U.S. GOVERNMENT RESTRICTED RIGHTS
Notice to U.S. Government End Users. The Software and related documentation are "commercial items", as that term is defined at 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, respectively. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users: (a) only as commercial items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in this Agreement. Unpublished rights are reserved under the copyright laws of the United States.
TERMINATION OF LICENSE
This Agreement will terminate immediately without notice from AMD or judicial resolution if: (1) You fail to comply with any provisions of this Agreement, or (2) You provide AMD with notice that You would like to terminate this Agreement. Upon termination of this Agreement, You agree to immediately cease using the Software, and You must delete or destroy all copies of the Software. Upon termination or expiration of this Agreement, all provisions survive except for the “License” section herein.
GOVERNING LAW
This Agreement is made under and shall be construed according to the laws of the State of Texas, excluding conflicts of law rules. Each party submits to the jurisdiction of the state and federal courts of Travis County, Texas and the United States District Court for the Western District of Texas for the purposes of this Agreement. You acknowledge that Your breach of this Agreement may cause irreparable damage and agree that AMD shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction. The United Nations convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. This Agreement is the entire and exclusive agreement between AMD and You with respect to the Materials and supersedes all prior agreements between AMD and You with respect to the Materials.
GENERAL PROVISIONS
You may not assign this Agreement without the prior written consent of AMD and any assignment without such consent will be null and void. The parties do not intend that any agency or partnership relationship be created between them by this Agreement. Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, in the event that any provision of this Agreement becomes or is declared unenforceable by any court of competent jurisdiction, such provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect. A waiver of any part of this Agreement in one instance is not a waiver of any other part or any other instance. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern to the extent not prohibited by local law in your jurisdiction.
ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the parties with respect to the Chipset Driver Software and supersedes and merges all prior oral and written agreements, discussions and understandings between them regarding the subject matter of this Agreement. No waiver or modification of any provision of this Agreement shall be binding unless made in writing and signed by an authorized representative of each party.
To help AMD improve Your experience with AMD products, AMD may collect non-personal information, including the model of AMD product, its device ID, and other system information while this Software is installed and/or used.
