Article Number: RMA-BKTC

Advanced Micro Devices, Inc. 
Terms and Conditions for Boot Kit Loan

Advanced Micro Devices, Inc. (“AMD”) hereby loans to You an AMD 7th Gen A6‐9500 APU, AMD 7th Gen A8‐9600 APU, AMD Athlon™ 200GE, or AMD Ryzen™ 3 3100 processor (“Boot Kit”) pursuant to the terms and conditions set forth below. By accepting delivery of the Boot Kit, you agree to such terms and conditions of use, including return of the Boot Kit to AMD as specified below.

AMD will ship the Boot Kit at AMD’s expense to the address You provided on the Boot Kit request form. You agree to use the Boot Kit for the purpose of updating only your AMD‐based system pursuant to the instructions provided with the Boot Kit and to return the Boot Kit within 10 business days of receipt to AMD as pursuant to the instructions outlined in your Boot Kit request approval email. The Boot Kit may not be used on any system other than the AMD‐based system for which you provided warranty information.

By using the Boot Kit, You agree that: 

  1. You are responsible for installation, proper care and operation of the Boot Kit and return of the Boot Kit to AMD  without  any  alterations  and  in  good  working  condition.  You  agree  not  to  reverse  engineer, disassemble, or decompile the Boot Kit or any portions thereof.
     
  2. During the term of this Agreement, all right and title to the Boot Kit shall remain with AMD and will not pass to You. AMD retains ownership of any and all intellectual property rights in the Boot Kit, and does not convey to You by implication, estoppel, or otherwise any right or license under any patents, copyrights, trade secrets, trademarks, service marks, logos, trade names, or any other intellectual property rights.
     
  3. From  the  date  of  delivery, You assume all  risk  of loss  or  damage  resulting  from your  negligent acts  or omissions in connection with possession or use of the Boot Kit.
     
  4. THE BOOT  KIT IS  PROVIDED TO YOU ON AN  "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR  IMPLIED,  INCLUDING  BUT NOT  LIMITED  TO  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS  FOR  A  PARTICULAR  PURPOSE,  NON‐INFRINGEMENT,  OR  THOSE  ARISING  FROM  CUSTOM  OR TRADE.  AMD  DOES  NOT  WARRANT,  GUARANTEE,  OR  MAKE  ANY  REPRESENTATIONS  AS  TO  THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE BOOT KIT. IN NO EVENT WILL AMD BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, DIRECT DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR  CONSEQUENTIAL DAMAGES, WHICH MAY ARISE HEREUNDER, EVEN IF AMD HAS  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. BY USING THE BOOT KIT WITHOUT CHARGE, YOU ACCEPT THIS ALLOCATION OF RISK. 
     
  5. YOU  AGREE  TO  INDEMNIFY,  DEFEND  AND  HOLD  HARMLESS  AMD,  AND  ITS  AGENTS,  OFFICERS, DIRECTORS,  AND  EMPLOYEES,  FROM  AND  AGAINST  ANY  AND  ALL  CLAIMS,  INCLUDING  WITHOUT LIMITATION  LIABILITIES,  CLAIMS,  COSTS,  REASONABLE  EXPENSES  (INCLUDING  REASONABLE ATTORNEYS’  FEES),  DAMAGES,  OR  JUDGMENTS  OF  ANY  KIND  OR  NATURE  TO  THE  EXTENT  ARISING DIRECTLY OR INDIRECTLY OUT OF OR RESULTING FROM YOUR MISUSE OF THE BOOT KIT FURNISHED UNDER THIS AGREEMENT.
     
  6. You  are  hereby  notified,  and  agree  and  acknowledge,  that  the  Boot  Kit  as  well  as  any  accompanying information may be subject to restrictions on use, release, transfer, importation, exportation and/or re‐exportation under the laws and regulations of the United States or other countries ("Applicable Laws"), which include but are not limited to U.S. export control laws such as the Export Administration Regulations and national security controls as defined thereunder, as well as State Department controls under the U.S. Munitions List. You further agree that the Boot Kit, any accompanying media, material and information, and any product thereof, will not be used, released, transferred, imported, exported and/or re‐exported in any manner prohibited under Applicable Laws, including U.S. export control laws regarding specifically designated persons, countries and nationals of countries subject to national security controls.
     
  7. These  terms and  conditions may  be modified  only  in writing  by  AMD. These  terms and  conditions are governed by the laws of the State of Texas.