IMPORTANT—READ CAREFULLY: Do not install, copy or use the enclosed Materials (defined below) until carefully reading and agreeing to the following terms and conditions. This is a legal agreement (“Agreement”) between you (either an individual or an entity) (“You”) and Advanced Micro Devices, Inc. (“AMD”). If You do not agree to the terms of this Agreement, do not install, copy or use the Materials or any portion thereof. By installing, copying or using the Materials provided herewith or that is made available by AMD to download from any media, You agree to all of the terms of this Agreement. Note that these Materials are AMD Confidential Information and may not be shared with any third party except as expressly provided below.

  1. DEFINITIONS. In addition to those definitions set forth elsewhere in this Agreement, the following terms have the meanings specified below:
    1. “Distributed Software” means software developed or modified by You either statically linked to Libraries or dynamically linked to Runtimes, and/or derivative works of the Sample Source or modifiable Documentation.
    2. “Documentation” means associated install scripts and online or electronic documentation included as part of the deliverables in the Materials, or other related materials or any portion thereof.
    3. “Free Software License” means any software license that requires as a condition of use, modification, adaptation or distribution of such licensed software that other software derived from, distributed with or incorporated into at the source code level be disclosed or distributed in Source Code form. By way of example, Free Software License includes, but is in no way limited to any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (ii) The Artistic License (e.g., PERL), (iii) the Mozilla Public License, (iv) the Netscape Public License, (v) the Sun Community Source License (SCSL), and (vi) the Sun Industry Standards Source License (SISSL).
    4. “Intellectual Property Rights” means any rights under any patents, trademarks, copyrights, mask works, trade secret information, intellectual property, license or similar materials.
    5. “Libraries” means libraries in Object Code included as part of the deliverables in the Materials that may be statically linked into Your software for the Licensed Purpose.
    6. “Licensed Purpose” means: (i) test and evaluate the Materials internally; (ii) use of the Materials to create Distributed Software; and (iii) distributing and sublicensing to end users the Distributed Software and Runtimes.
    7. “Materials” means LibM software, including but not limited to Documentation, Libraries, Runtimes, Object Code, Sample Source and Tools.
    8. “Object Code” means machine readable computer programming code files, which is not in a human readable form and which does not include debug symbols similar in detail to Source Code.
    9. “Runtimes” means programs or dynamically linked libraries in Object Code which are included as part of the deliverables in the Materials.
    10. “Sample Source” means header files and sample code in Source Code form which are included as part of the deliverables in the Materials.
    11. “Tools” means any tools or utilities in the Materials.
    12. “Source Code” means human readable form computer programming code and related system level documentation, including all comments, symbols and any procedural code such as job control language.
  2. LICENSE. Subject to the terms and conditions of this Agreement, AMD hereby grants You a non-exclusive, royalty-free, revocable, non-transferable, non-assignable limited copyright license to:
    1. install, use and reproduce the Materials internally at Your site(s) solely for the purpose of internal testing and evaluation;
    2. modify the Sample Source or Documentation to create Distributed Software;
    3. statically link the Libraries or dynamically link Runtimes to Your Software; and
    4. distribute and sublicense to end users in Object Code form only the Distributed Software and Runtimes for the Licensed Purpose. Your right to distribute the Distributed Software and Runtimes to end users includes the right to distribute through distributors including multiple layers of distributors.
  3. REQUIREMENTS. You will sublicense the end users to use Distributed Software, Libraries and Runtimes in accordance with terms and conditions that are substantially similar to the terms and conditions contained in Schedule A hereof. You may include these terms in Your standard form agreement. You must reproduce all AMD trademark and/or copyright notices on any copy of the Distributed Software and Runtimes that You distribute.
  4. RESTRICTIONS. Restrictions regarding Your use of the Materials are as follows. You may not:
    1. distribute, publish or sublicense the Documentation, the Sample Source, the Libraries (except when built into the Distributed Software), the Tools or any Source Code in the Materials to anyone;
    2. reproduce copies of the Materials other than what is reasonably required for the Licensed Purpose;
    3. decompile, reverse engineer, disassemble or otherwise reduce the Object Code contained in the Materials to a human-perceivable form;
    4. alter any copyright, trademark or patent notice(s) in the Materials;
    5. use AMD’s trademarks in Your software or product names or in a way that suggests the Distributed Software comes from AMD or is endorsed by AMD;
    6. use AMD’s trademarks in Your software or product names or in a way that that suggests that any of the Materials are endorsed by AMD;
    7. include contents in malicious, deceptive or unlawful programs;
    8. modify and/or distribute any of the Materials so that any part of thereof becomes subject to a Free Software License;
    9. use the Materials to enable, support or otherwise aid You or a third party to develop technology competitive with the AMD technology embodied in Materials or relating to the AMD products; or
    10. rent, lease or lend the Materials or transfer the Materials to any third party except as expressly provided herein.

      You also agree that the Materials are licensed, not sold by AMD.

      Except as expressly provided in Section 2, AMD does not grant, by implication, estoppel or otherwise any other Intellectual Property Rights. You agree that all licenses granted herein are conditioned upon the use of the Materials for the Licensed Purpose. You agree that the Materials and all partial versions thereto, including without limitation all modifications, enhancements, updates, bug fixes, inventions, know-how, as well as all Intellectual Property Rights and all other information relating thereto are and will remain the sole and exclusive property of AMD. You shall have no right, title or interest therein except for the limited licenses set forth in Section 2 of this Agreement. AMD agrees that the foregoing shall not grant AMD any right, title or interest in Your Distributed Software that is not provided as part of the Materials, and Intellectual Property Rights therein are and will remain Your sole and exclusive property. Nothing in this Agreement shall be construed to limit AMD’s right to independently develop or acquire software or products similar to those of Your software or products including any Intellectual Property Rights therein.

      The Materials may include third party technologies (e.g. third party libraries) for which You must obtain licenses from parties other than AMD. You agree that AMD has not obtained or conveyed to You--and that You shall be responsible for obtaining--Intellectual Property Rights to use and/or distribute the applicable, underlying Intellectual Property Rights related to the third party technologies. These third party technologies are not licensed as part of the Materials and are not licensed under this Agreement.

      Without limiting Section 10, You agree that AMD has no duty to defend You for any infringement claims related to the standards and third party technologies. You agree to indemnify and hold AMD harmless for any costs or damages that result from such claims.
  5. NO SUPPORT. AMD is under no obligation to provide any kind of technical, development or end-user support for the Materials.
  6. UPDATES. AMD may provide updates from time to time. If AMD provides updates, these updates are licensed under the terms of this Agreement.
  7. FEEDBACK. You have no obligation to give AMD any suggestions, comments or other feedback (“Feedback”) relating to the Materials. However, AMD may use and include any Feedback that You provide to improve the Materials or other related AMD products and technologies. 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 Materials or other AMD technologies. You further agree not to provide any Feedback that (a) You know is subject to any patent, copyright or other intellectual property claim or right of any third party; (b) is subject to a Free Software License; or (c) 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.
  8. CONFIDENTIALITY. You shall refrain from disclosing any Confidential Information to third parties and will take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than reasonable care, to keep confidential the Confidential Information. For the purposes hereof, “Confidential Information” means all information disclosed between the parties in connection with this Agreement, including the Materials and any other business or technical information provided to You by AMD. You will only disclose the Confidential Information to Your employees or on-site subcontractors (a) who have a need to know in furtherance of the Licensed Purpose; and (b) who have signed a confidentiality agreement with You at least as restrictive as this Agreement. If at any future time AMD, directly or indirectly, discloses any other related technology or information to You, including without limitation any updated versions of the Materials, such disclosure will also be deemed to be confidential, part of the Materials and will be subject to the provisions of this Agreement. You may disclose Confidential Information in accordance with a judicial or other governmental order, provided that You give AMD reasonable notice prior to such disclosure to allow AMD a reasonable opportunity to seek a protective order or equivalent.
  9. DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE MATERIALS ARE AT YOUR SOLE RISK. THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. AMD DOES NOT WARRANT THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE MATERIALS IS ASSUMED BY YOU. FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. SHOULD THE CONTENTS OF THE MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  10. LIMITATION OF LIABILITY AND INDEMNIFICATION. IN NO EVENT SHALL, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“AUTHORIZED REPRESENTATIVES”), ITS SUPPLIERS OR ITS LICENSORS, BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE MATERIALS, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD AND/OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMD WILL NOT BE LIABLE FOR LOSS OF, OR DAMAGE TO, YOUR EQUIPMENT, RECORDS OR DATA OR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. IN NO EVENT SHALL AMD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) EXCEED THE AMOUNT OF $1000.00 USD. BY USING THE MATERIALS WITHOUT CHARGE, YOU ACCEPT THIS ALLOCATION OF RISK. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AMD AND ANY OF ITS AUTHORIZED REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, LIABILITY AND OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF YOUR OBLIGATIONS UNDER THIS AGREEMENT.
  11. TERMINATION. This Agreement is effective until terminated. You can terminate this Agreement at any time by destroying the Materials, and all copies You have made. This Agreement will terminate immediately without notice from AMD if You fail to comply with any provision of this Agreement. Upon termination You must destroy the Materials and all copies You have made. The termination of this Agreement shall: (i) immediately result in the termination of all sublicenses previously granted by You to third party distributors and contract manufacturers under Section 3; and (ii) have no effect on any sublicenses previously granted by You to end users under Subsection 3, which sublicenses shall survive in accordance with their terms.
  12. GOVERNMENT END USERS. If You are acquiring the Materials on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Materials were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c) (1) (ii) (Oct 1988), FAR 12.212(a) (1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987), as amended from time to time. In the event that this Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
  13. EXPORT RESTRICTIONS. You shall adhere to all U.S. and other applicable export laws, including but not limited to the U.S. Export Administration Regulations (“EAR”), currently found at 15 C.F.R. Sections 730 through 744. Further, pursuant to 15 C.F.R Section 740.6, You hereby certifies that, except pursuant to a license granted by the United States Department of Commerce Bureau of Industry and Security or as otherwise permitted pursuant to a License Exception under the EAR, You will not (1) export, re-export or release to a national of a country in Country Groups D:1 or E:2 any restricted technology, software, or source code it receives from AMD, or (2) export to Country Groups D:1 or E:2 the direct product of such technology or software, if such foreign produced direct product is subject to national security controls as identified on the Commerce Control List (currently found in Supplement 1 to Part 774 of EAR). For the most current Country Group listings, or for additional information about the EAR or Your obligations under those regulations, please refer to the U.S. Bureau of Industry and Security’s website at https://www.bis.doc.gov/. These export requirements shall survive any expiration or termination of this Agreement.
  14. CONTROLLING LAW AND SEVERABILITY. This Agreement will be governed by and construed under the laws of the State of California without reference to its conflicts of law principles. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. 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 purpose 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.
  15. SURVIVING OBLIGATIONS. Sections 1, 3-16, inclusive, shall survive any termination of this Agreement and shall bind the parties and their legal representatives, successors, heirs and assigns.
  16. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements with respect to the subject matter of this Agreement. No waiver, amendment or modification of any provision of this Agreement will be effective unless in writing and signed by the party against whom enforcement is sought.

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